CELEX: C2000/372/15
Language: en
Date: 2000-12-23 00:00:00
Title: Case C-405/00: Reference for a preliminary ruling by the Fourth Chamber of the Consiglio di Stato, sitting in its judicial capacity, by order of that court of 14 July 2000 in the case of Coopsette Scrl, on the one hand, and ANAS and Impresa Mambrini Costruzioni srl, on the other

23.12.2000            EN                     Official Journal of the European Communities                                          C 372/7
3.   In the event that Question 1 is answered in the negative,          2.     May the expression ‘pre-arranged’ which appears in the
     is Article 20(3) of Directive 92/12/EEC to be interpreted,                directive be interpreted as referring to the moment when
     in the same circumstances, as meaning that a party that                   the contract is entered into between the agency and the
     has guaranteed payment of excise duty and has not been                    customer?
     promptly put in a position to ascertain that there has
     been no discharge from the suspension arrangement is
     entitled to furnish evidence of the correctness of the             (1) Council Directive 90/314/EEC of 13 June 1990 on package travel,
     operation or of the place where the irregularity in fact                package holidays and package tours (OJ 1990 L 158, p. 59).
     occurred or where the offence was in fact committed
     even after the expiry of the four-month period following
     the date of dispatch of the products?
(1) OJ L 76, 23.3.1992, p. 1.                                           Reference for a preliminary ruling by the Employment
                                                                        Tribunal, Stratford (United Kingdom), by order of that
                                                                        court of 10 October 2000, in the case of Mrs F. Harding
                                                                                    against Skandia Asset Management Ltd
                                                                                                  (Case C-402/00)
                                                                                                  (2000/C 372/14)
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by an order of the Employment
                                                                        Tribunal, Stratford (United Kingdom) of 10 October 2000,
                                                                        which was received at the Court Registry on 31 October 2000,
                                                                        for a preliminary ruling in the case of Mrs F. Harding against
                                                                        Skandia Asset Management Ltd, on the following question:
Reference for a preliminary ruling by the 8a Vara Cı́vel
da Comarca do Porto, 3a Secção, by order of that court of
31 October 2000 in the case of Club-Tour, Viagens e                     Is Article 141 of the EC Treaty directly applicable so that it
Turismo, SA, against Alberto Carlos Lobo Gonçalves                      can be relied upon by an applicant in national proceedings to
         Garrido; intervener: Club Med Viagens Lda                      disapply such territorial limitation as is contained in sec-
                                                                        tion 1(6) of the Equal Pay Act 1970 to enable her to compare
                                                                        her pay with that of men employed by an employer associated
                                                                        with her employer at an establishment in another member
                        (Case C-400/00)                                 State who are performing equal work or work of equal value?
                        (2000/C 372/13)
Reference has been made to the Court of Justice of the                  Reference for a preliminary ruling by the Fourth Chamber
European Communities by order of the 8a Vara Cı́vel da                  of the Consiglio di Stato, sitting in its judicial capacity, by
Comarca do Porto, 3a Secção (8th Civil District of the Oporto          order of that court of 14 July 2000 in the case of
Local Court, Third Chamber), of 31 October 2000, which was              Coopsette Scrl, on the one hand, and ANAS and Impresa
received at the Court Registry on 3 November 2000, for a                            Mambrini Costruzioni srl, on the other
preliminary ruling in the case of Club-Tour, Viagens e Turismo,
SA, against Alberto Carlos Lobo Gonçalves Garrido; intervener:                                    (Case C-405/00)
Club Med Viagens Lda on the following questions:
                                                                                                  (2000/C 372/15)
1.   Does a package organised by the agency, at the request
     and on the initiative of the consumer or a strictly defined        Reference has been made to the Court of Justice of the
     group of consumers in accordance with their wishes,                European Communities by order of 14 July 2000 of the Fourth
     including transport and accommodation through a tour-              Chamber of the Consiglio di Stato (Council of State), sitting in
     ism undertaking, at an inclusive price, for a period of            its judicial capacity, received at the Court Registry on 6 Novem-
     more than twenty-four hours or including overnight                 ber 2000, for a preliminary ruling in the case of Coopsette
     accommodation, fall within the scope of the concept of             Scrl, on the one hand, and ANAS and Impresa Mambrini
     ‘package travel’ as defined in Article 2(1) (1)?                   Costruzioni srl, on the other, on the following questions:
 ---pagebreak--- C 372/8                EN                    Official Journal of the European Communities                                   23.12.2000
1.    In calls for tenders for public works contracts, do clauses       The Commission claims that the Court should:
      excluding undertakings which have not submitted with
      their tenders explanations concerning components of the           —     declare that, by failing to adopt the laws, regulations
      price indicated, amounting to at least 75 % of the figure               and administrative provisions necessary to comply with
      specified in the tender conditions, represent an obstacle               Commission Directive 98/100/EC (1) of 21 December
      to the application of Article 30(4) of Directive 93/37 (1)?             1998 amending Directive 92/76/EEC (2) recognising pro-
                                                                              tected zones exposed to particular plant health risks in
2.    Does the establishment of a mechanism for determining                   the Community, the Hellenic Republic has failed to fulfil
      automatically the threshold indicative of irregularity,                 its obligations under the Treaty and that directive;
      below which the validity of tenders falls to be verified, on
      the basis of an ad hoc criterion and an arithmetical mean,        —     order the Hellenic Republic to pay the costs.
      so that undertakings are unable to ascertain the threshold
      in advance, represent an obstacle to the application of
      Article 30(4) of Directive 93/37?
                                                                        Pleas in law and main arguments
3.    Does the fact that the exchange of views is to take place
      at an earlier stage, without the undertaking which has            In accordance with the third paragraph of Article 249 of the
      allegedly submitted an irregular tender being assured of          Treaty establishing the European Community, directives are
      an opportunity to state its reasons, after the opening of         binding, as to the result to be achieved, upon each Member
      the envelopes and before the adoption of the measure              State to which they are addressed.
      excluding it, represent an obstacle to the application of
      Article 30(4) of Directive 93/37?
                                                                        Under the first paragraph of Article 10 of the Treaty, Member
                                                                        States are to take all appropriate measures, whether general or
4.    Does a provision under which the contracting authority            particular, to ensure fulfilment of the obligations arising out
      may take account of explanations relating solely to the           of the Treaty or resulting from action taken by the institutions
      economy of the construction method or the technical               of the Community.
      solutions adopted or the exceptionally favourable con-
      ditions available to the tenderer represent an obstacle to
      the application of Article 30(4) of Directive 93/37?              It is not disputed by the Hellenic Republic that it must adopt
                                                                        measures to comply with the abovementioned directive.
5.    Does the exclusion of explanations relating to items for
      which minimum values can be inferred from official lists          The Commission records that until now the Hellenic Republic
      represent an obstacle to the application of Article 30(4)         has not adopted the appropriate measures to incorporate that
      of Directive 93/37?                                               directive fully into Greek law.
(1) Council Directive 93/37/EEC of 14 June 1993 concerning the          (1) OJ L 351, 29.12.1998, p. 35.
    coordination of procedures for the award of public works            (2) OJ L 305, 21.10.1992, p. 12.
    contracts (OJ L 199, 9.8.1993, p. 54).
                                                                               Removal from the register of Case C-272/98 (1)
Action brought on 8 November 2000 by the Commission
of the European Communities against the Hellenic
                              Republic                                                           (2000/C 372/17)
                         (Case C-406/00)                                By order of 12 July 2000 the President of the Court of Justice
                                                                        of the European Communities has ordered the removal from
                                                                        the register of Case C-272/98: (reference for a preliminary
                         (2000/C 372/16)                                ruling from Juzgado de Primera Instancia (Court of First
                                                                        Instance) No 35 Barcelona): Artel SA v Francisca Arencom
An action against the Hellenic Republic was brought before the          Salazar.
Court of Justice of the European Communities on 8 November
2000 by the Commission of the European Communities,
represented by Maria Kondou-Durande, of its Legal Service,              (1) OJ C 278 of 5.9.1998.
with an address for service in Luxembourg at the office of
Carlos Gómez de ]a Cruz, of its Legal Service, Wagner Centre,
Kirchberg.