CELEX: C2001/028/26
Language: en
Date: 2001-01-27 00:00:00
Title: Case C-411/00: Reference for a preliminary ruling by the Bundesvergabeamt, by a decision of that Court of 29 September 2000 in the case of Felix Swoboda against the Austrian National Bank

27.1.2001              EN                     Official Journal of the European Communities                                       C 28/15
Reference for a preliminary ruling by the Bundesverga-                        the contracting authority to separate off non-priority part
beamt, by a decision of that Court of 29 September 2000                       services and to award contracts for them separately in
in the case of Felix Swoboda against the Austrian National                    order to preserve the priority nature of the service?
                               Bank
                                                                         (1) OJ 1992 L 209, p. 1.
                         (Case C-411/00)
                          (2001/C 28/26)
Reference has been made to the Court of Justice of the
European Communities by a decision of the Bundesvergabeamt
on 29 September 2000, which was received at the Court
Registry on 10 November, for a preliminary ruling in the case            Action brought on 10 November 2000 by the Com-
of Felix Swoboda GmbH against the Austrian National Bank,                mission of the European Communities against the Portu-
on the following questions:                                                                       guese Republic
                                                                                                  (Case C-412/00)
—    Must a service which serves a single purpose, but which
     could be subdivided into part services, be classified as a
     single service consisting of a main service and accessory,                                    (2001/C 28/27)
     supporting services in accordance with the scheme of
     Directive 92/50/EEC (1), in particular of the types of
     services contained in Annex I A and I B, and treated as a           An action against the Portuguese Republic was brought
     service listed in Annex I A or I B of the directive according       before the Court of Justice of the European Communities on
     to its main object, or must each part service instead be            10 November 2000 by the Commission of the European
     considered separately to establish whether the service is           Communities, represented by Ana Maria Alves Vieira, of its
     subject to the directive in full as a priority service or to        Legal Service, acting as Agent, with an address for service in
     only individual provisions thereof as a non-priority                Luxembourg at the office of Carlos Gómez de la Cruz, of its
     service?                                                            Legal Service, Wagner Centre, Kirchberg.
                                                                         The applicant claims that the Court should:
—    How far may a service which describes a specific type of
     service (e.g. transport services) be broken down into
     individual services in accordance with the scheme of                —    Declare that, by failing to bring into force within the
     Directive 92/50/EEC without infringing the provisions                    prescribed period all the provisions necessary to comply
     on the award of service contracts or undermining the                     with:
     effet utile of the directive on services?
                                                                              (a)   Commission Directive 98/54/EC (1) of 16 July 1998
                                                                                    amending Directives 71/250/EEC, 72/199/EEC,
—    Must the services referred to in this case (having regard                      73/46/EEC and repealing Directive 75/84/EEC;
     to Article 10 of Directive 92/50/EEC) be classified as
     services listed in Annex I A of Directive 92/50/EEC
     (Category 2, land transport services) and contracts which                (b) Commission Directive 98/68/EC (2) of 10 September
     have as their object such services thus be awarded in                          1998 laying down the standard document referred
     accordance with the provisions of Titles III to VI of the                      to in Article 9(1) of Council Directive 95/53/EC and
     directive, or must they be classified as services listed                       certain rules for checks at the introduction into the
     in Annex I B of Directive 92/50/EEC (in particular                             Community of feedingstuffs from third countries;
     Category 20, Supporting and auxiliary transport services,
     and Category 27, Other services) and contracts which                     (c)   Commission Directive 98/82/EC (3) of 27 October
     have as their object such services thus be awarded in                          1998 amending the Annexes to Council Directives
     accordance with Articles 14 and 16, and under which                            86/362/EEC, 86/363/EEC and 90/642/EEC on the
     CPC reference number must they be subsumed?                                    fixing of maximum levels for pesticide residues in
                                                                                    and on cereals, foodstuffs of animal origin and
                                                                                    certain products of plant origin, including fruit and
—    In the event that consideration of the part services leads                     vegetables respectively;
     to the conclusion that a part service listed in Annex I A
     of the directive which per se is subject in full to the
     provisions of Directive 92/50/EEC is, by way of an                       the Portuguese Republic failed to fulfil its obligations
     exception, not subject in full to the provisions of the                  under the Treaty.
     directive on account of the principle of predominance
     laid down in Article 10 thereof, is there an obligation on          —    Order the Portuguese Republic to pay the costs.