CELEX: C2003/055/30
Language: en
Date: 2003-03-08 00:00:00
Title: Removal from the register of Case C-303/99

8.3.2003               EN                        Official Journal of the European Union                                         C 55/17
      Freedoms, preclude the barring of the submission of an                     Removal from the register of Case C-304/99 ( 1)
      application to participate in or a tender for a public
      contract for works, supplies or services by any person
      who has been responsible for research, testing, study or                                    (2003/C 55/31)
      development in respect of those works, supplies or
      services where that person has not been given an
      opportunity to prove that, in the circumstances of the
      case, the experience he has acquired could not distort             By order of 15 November 2002 the President of the Court of
      competition?                                                       Justice of the European Communities ordered the removal
                                                                         from the register of Case C-304/99 (Reference for a preliminary
2.    Would the answer to the preceding question be different if         ruling by the Tribunale di Brescia): F. Apollonio & C. SpA v
      the abovementioned directives, considered in conjunction           Ministero delle Finanze.
      with the same principle, freedom and law, were interpret-
      ed as covering only private undertakings or undertakings
      which had supplied gratuitous services?                            (1 ) OJ C 333 of 20.11.1999.
3.    Can Council Directive 92/13/EEC of 25 February 1992
      coordinating the laws, regulations and administrative
      provisions relating to the application of Community rules
      on the procurement procedures of entities operating in
      the water, energy, transport and telecommunications
      sectors (3), and in particular Articles 1 and 2 thereof, be
      interpreted as meaning that a contracting entity may
                                                                                 Removal from the register of Case C-305/99 ( 1)
      exclude, up to the end of the process of evaluation of
      the tenders, from participation in the procedure or
      submission of a tender, an undertaking connected to any                                     (2003/C 55/32)
      person who has been responsible for the research, testing,
      study or development in respect of the works, supplies or
      services, although when questioned in that regard by the
      contracting authority that undertaking declares that it has
      gained therefrom no unfair advantage of a nature such as           By order of 15 November 2002 the President of the Court of
      to distort the normal conditions of competition?                   Justice of the European Communities ordered the removal
                                                                         from the register of Case C-305/99 (Reference for a preliminary
                                                                         ruling by the Tribunale di Brescia): Leglerdata SpA v Ministero
                                                                         delle Finanze.
( 1) OJ L 199 of 09.08.1993, p. 84.
( 2) OJ L 101 of 01.04.1998, p. 1.
( 3) OJ L 76 of 23.03.1992, p. 14.
                                                                         (1 ) OJ C 333 of 20.11.1999.
        Removal from the register of Case C-303/99 ( 1)
                                                                                 Removal from the register of Case C-358/99 ( 1)
                          (2003/C 55/30)                                                          (2003/C 55/33)
By order of 15 November 2002 the President of the Court of               By order of 19 November 2002 the President of the Court of
Justice of the European Communities ordered the removal                  Justice of the European Communities ordered the removal
from the register of Case C-303/99 (Reference for a preliminary          from the register of Case C-358/99 (Reference for a preliminary
ruling by the Tribunale di Brescia): Markfactor SpA v Ministero          ruling by the Tribunale di Brescia): Tecnologie Meccaniche
delle Finanze.                                                           Avanzate Srl (TMA) v Ministero delle Finanze.
( 1) OJ C 333 of 20.11.1999.                                             (1 ) OJ C 352 of 4.12.1999.