CELEX: C2002/191/05
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of 25 June 2002 in Case C-66/00 (Reference for a preliminary ruling from the Tribunale di Parma): Dante Bigi (Regulation (EEC) No 2081/92 — Protection of geographical indications and designations of origin of agricultural products and foodstuffs — Article 13 — System of derogations — Scope)

C 191/4                  EN                       Official Journal of the European Communities                                           10.8.2002
                  JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                                                                                                       (Sixth Chamber)
                           of 25 June 2002
                                                                                                        of 18 June 2002
in Case C-66/00 (Reference for a preliminary ruling from
             the Tribunale di Parma): Dante Bigi (1)                         in Case C-92/00 (Reference for a preliminary ruling from
                                                                             the Vergabekontrollsenat des Landes Wien): Hospital
                                                                             Ingenieure Krankenhaustechnik Planungs-GmbH (HI) v
                                                                                                         Stadt Wien (1)
(Regulation (EEC) No 2081/92 — Protection of geographical
indications and designations of origin of agricultural prod-
ucts and foodstuffs — Article 13 — System of derogations                     (Public service contracts — Directive 92/50/EEC — Pro-
                               — Scope)                                      cedure for the award of public service contracts — Directive
                                                                             89/665/EEC — Scope — Decision to withdraw an invitation
                                                                                           to tender — Judicial review — Scope)
                           (2002/C 191/05)
                                                                                                        (2002/C 191/06)
                     (Language of the case: Italian)                                             (Language of the case: German)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                           in the European Court Reports)
                    in the European Court Reports)
                                                                             In Case C-92/00: Reference to the Court under Article 234 EC
                                                                             by the Vergabekontrollsenat des Landes Wien (Austria) for a
In Case C-66/00: Reference to the Court under Article 234 EC                 preliminary ruling in the proceedings pending before that court
by the Tribunale di Parma (Italy) for a preliminary ruling in the            between Hospital Ingenieure Krankenhaustechnik Planungs-
criminal proceedings before that court against Dante Bigi,                   GmbH (HI) and Stadt Wien, on the interpretation of
third party: Consorzio del Formaggio Parmigiano Reggiano,                    Article 2(1)(b) of Council Directive 89/665/EEC of 21 Decem-
on the interpretation of Article 13 of Council Regulation (EEC)              ber 1989 on the coordination of the laws, regulations and
No 2081/92 of 14 July 1992 on the protection of geographical                 administrative provisions relating to the application of review
indications and designations of origin for agricultural products             procedures to the award of public supply and public works
and foodstuffs (OJ 1992 L 208, p. 1), as amended by Council                  contracts (OJ 1989 L 395, p. 33), as amended by Council
Regulation (EC) No 535/97 of 17 March 1997 (OJ 1997 L 83,                    Directive 92/50/EEC of 18 June 1992 relating to the coordi-
p. 3), the Court, composed of: G.C. Rodrı́guez Iglesias,                     nation of procedures for the award of public service contracts
President, P. Jann, F. Macken, N. Colneric and S. von Bahr                   (OJ 1992 L 209, p. 1) and of Directive 92/50 in the version
(Presidents of Chambers), D.A.O. Edward (Rapporteur),                        thereof resulting from European Parliament and Council
J.-P. Puissochet, V. Skouris and J.N. Cunha Rodrigues, Judges;               Directive 97/52/EC of 13 October 1997 amending Directives
P. Léger, Advocate General; L. Hewlett, Administrator, for the               92/50/EEC, 93/36/EEC and 93/37/EEC concerning the coordi-
Registrar, has given a judgment on 25 June 2002, in which it                 nation of procedures for the award of public service contracts,
has ruled:                                                                   public supply contracts and public works contracts respectively
                                                                             (OJ 1997 L 328, p. 1), the Court (Sixth Chamber), composed
                                                                             of: F. Macken, President of the Chamber, C. Gulmann,
On a proper construction of Article 13(2) of Council Regulation              J.-P. Puissochet, V. Skouris (Rapporteur), and J.N. Cunha
(EEC) No 2081/92 of 14 July 1992 on the protection of                        Rodrigues, Judges; A. Tizzano, Advocate General; R. Grass,
geographical indications and designations of origin for agricultural         Registrar, has given a judgment on 18 June 2002, in which it
products and foodstuffs, as amended by Council Regulation (EC)               has ruled:
No 535/97 of 17 March 1997, products are not covered by the
system of derogations set up by Article 13(2) where they originate in        1.    Article 1(1) of Council Directive 89/665/EEC of 21 December
the State of the protected designation of origin the protection of which           1989 on the coordination of the laws, regulations and
under Article 13(1)(a) and (b) of Regulation No 2081/92, as                        administrative provisions relating to the application of review
amended, is at issue and they do not meet the product specification                procedures to the award of public supply and public works
for that protected designation of origin.                                          contracts, as amended by Council Directive 92/50/EEC of
                                                                                   18 June 1992 relating to the coordination of procedures for
                                                                                   the award of public service contracts, requires the decision of the
                                                                                   contracting authority to withdraw the invitation to tender for a
(1) OJ C 149 of 27.5.2000.                                                         public service contract to be open to a review procedure, and to
                                                                                   be capable of being annulled where appropriate, on the ground
                                                                                   that it has infringed Community law on public contracts or
                                                                                   national rules implementing that law.