CELEX: 62007CO0323
Language: en
Date: 2008-04-10 00:00:00
Title: Order of the Court (Seventh Chamber) of 10 April 2008.#Termoraggi SpA v Comune di Monza.#Reference for a preliminary ruling: Tribunale amministrativo regionale per la Lombardia - Italy.#Public procurement - Public service and public supply contracts - Award without call for tenders - Award by a local authority to an undertaking whose capital it controls.#Case C-323/07.

Order of the Court (Seventh Chamber) of 10 April 2008 – Termoraggi v Comune di Monza 
      (Case C‑323/07)
      Public procurement – Public service and public supply contracts – Award without call for tenders – Award by a local authority to an undertaking whose capital it controls
      1.                     Approximation of laws – Procedures for the award of public supply contracts – Directives 92/50 and 93/36 – Scope (Council
            Directives 92/50 and 93/36) (see paras 15-22, 26, operative part)
      2.                     Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Exception laid down by Article
            6 of the directive – Condition (Council Directive 92/50, Art. 6) (see paras 24-26, operative part)
      Re: 
      
         
               Reference for a preliminary ruling – Tribunale Amministrativo Regionale per la Lombardia – Interpretation of Article 6 of
                  Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts
                  (OJ 1992 L 209, p. 1) – Scope – National provisions attributing, outside of the procedures for the award of public works contracts
                  laid down in the directive, the management of heating installations of certain buildings in a commune to a municipal undertaking.
               
            Operative part
      Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts
         and Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts do not apply
         to a contract concluded between a local authority and a person legally distinct from it, where the local authority exercises
         over the person concerned a control which is similar to that which it exercises over its own departments and, at the same
         time, that person carries out the essential part of its activities with the controlling local authority or authorities.
      
      Article 6 of Directive 92/50 is applicable only if there are laws, regulations or administrative provisions which have been
         published and which grant the beneficiary an exclusive right concerning the subject‑matter of the contract awarded.