CELEX: C2004/118/56
Language: en
Date: 2004-04-30 00:00:00
Title: Order of the Court of Justice (Fourth Chamber) of 29 April 2004 in Case C-202/03 (reference by the Tribunale Amministrativo per la Lombardia, Sezione Staccato di Brescia, for a preliminary ruling): DAC SpA v Azienda Ospedaliera ‘Spedali Civili’ di Brescia (Article 104(3) of the Rules of Procedure — Directive 89/665/EEC — Review procedures in the sphere of public procurement — Interim relief ante causam)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/31
            
         
      ORDER OF THE COURT OF JUSTICE
   
   (Fourth Chamber)
   of 29 April 2004
   in Case C-202/03 (reference by the Tribunale Amministrativo per la Lombardia, Sezione Staccato di Brescia, for a preliminary ruling): DAC SpA v Azienda Ospedaliera ‘Spedali Civili’ di Brescia (1)
   
   (Article 104(3) of the Rules of Procedure - Directive 89/665/EEC - Review procedures in the sphere of public procurement - Interim relief ante causam)
   (2004/C 118/56)
   Language of the case: Italian
   In Case C-202/03 – reference to the Court of Justice pursuant to Article 234 EC by the Tribunale Amministrativo Regionale per la Lombardia, Sezione Staccata di Brescia (Regional Administrative Court for Lombardy, Brescia Division) (Italy) for a preliminary ruling in the case pending before that court between DAC SpA and Azienda Ospedaliera ‘Spedali Civili’ di Brescia, third party Pellegrini SpA, on the interpretation of Articles 1(3) and 2(1) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33), 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 (OJ 1992 L 209, p. 1) – the Court (Fourth Chamber), composed of J.N. Cunha Rodrigues (Rapporteur), President of the Chamber, J.-P. Puissochet and K. Lenaerts, Judges; P. Léger, Advocate General, R. Grass, Registrar, has made an order on 29 April 2004 the operative part of which is as follows:
   On a proper construction of Article 2(1) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works 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, the Member States are required to confer on their review bodies the power to adopt, irrespective of whether or not an action going to the substance of the case has already been brought, all interim measures, including measures to suspend the procedure for the award of the public procurement contract at issue.
   
      (1)  OJ C 171 of 19 July 2003.