CELEX: C1999/048/14
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 17 December 1998 in Case C-306/97 (request for a preliminary ruling from the High Court): Connemara Machine Turf Co. Ltd v. Coillte Teoranta (Public supply contracts - Definition of contracting authority)

20.2.1999             EN                    Official Journal of the European Communities                                   C 48/7
G. Hirsch, G. F. Mancini, H. Ragnemalm and R.                          Metalarbejderforbund, acting on behalf of John Lauge and
Schintgen        (Rapporteur),      Judges;     N.      Fennelly,      Others, and Lùnmodtagernes Garantifond Ð on the
Advocate-General; H. A. Rühl, Principal Administrator,                 interpretation of the second subparagraph of Article 3(1)
for the Registrar, has given a judgment on, in which it                and Article 4(4) of Council Directive 75/129/EEC of
held:                                                                  17 February 1975 on the approximation of the laws of the
                                                                       Member States relating to collective redundancies (OJ
                                                                       L 48, 22.2.1975, p. 29), as amended by Directive
Article 49(1)(b)(ii) of Council Regulation (EEC)                       92/56/EEC, (OJ L 245, 26.8.1992, p. 3) Ð the Court
No 1408/71 of 14 June 1971 on the application of social                (Sixth Chamber), composed of: G. Hirsch, President of the
security schemes to employed persons, to self-employed                 Second Chamber, acting as President of the Sixth
persons and to members of their families moving within                 Chamber, G. F. Mancini, J. L. Murray, H. Ragnemalm
the Community, in the version amended and updated by                   (Rapporteur) and K. M. Ioannou, Judges; G. Cosmas,
Regulation (EEC) No 2001/83, and Article 49(1)(b)(ii) of               Advocate-General; H. von Holstein, Deputy Registrar, for
Regulation (EEC) No 1408/71, in the version resulting                  the Registrar, has given a judgment on 17 December 1998,
from Regulation (EEC) No 2001/83, as amended by                        in which it has ruled:
Regulation (EEC) No 1248/92, and Regulation (EC)
No 3096/95, must be interpreted as requiring the
competent institution, where the person concerned fulfils              The second subparagraph of Article 3(1) of Article 4(4) of
the conditions laid down by one legislation for payment of             Council Directive 75/129/EEC of 17 February 1975 on
an old-age pension, albeit a limited one, without recourse             the approximation of the laws of the Member States
being necessary to periods of insurance or residence                   relating to collective redundancies, as amended by
completed under another legislation whose conditions are               Directive 92/56/EEC, must be interpreted to the effect
not fulfilled, nevertheless to take into account, in                   that the derogations provided for therein do not apply to
accordance with Article 46 of the same regulation, periods             collective redundancies occurring on the same day as that
completed under the latter legislation where, as a result,             on which the employer files a winding-up petition and
an old-age benefit of a higher amount may be awarded up                terminates the undertaking's activities, and the competent
until such time as the conditions laid down under the                  court subsequently, and without any deferment other than
latter legislation are also fulfilled.                                 that resulting from the date which it sets for the hearing,
                                                                       issues a winding-up order pursuant to the winding-up
(1) OJ C 252, 16.8.1997.                                               petition, that order taking effect for a number of purposes
                                                                       from the date on which the petition was filed.
                                                                       (1) OJ C 252, 16.8.1997.
                JUDGMENT OF THE COURT
                        (Sixth Chamber)
                     of 17 December 1998
                                                                                     JUDGMENT OF THE COURT
in Case C-250/97 (reference for a preliminary ruling from
the Civilret, Hillerùd): Dansk Metalarbejderforbund,                                          (Fifth Chamber)
acting on behalf of John Lauge and Others v.                                               of 17 December 1998
                Lùnmodtagernes Garantifond (1)
                                                                       in Case C-306/97 (request for a preliminary ruling from
(Directive 75/129/EEC Ð Collective redundancies Ð                      the High Court): Connemara Machine Turf Co. Ltd v.
Termination of the establishment's operations as the result                                 Coillte Teoranta (1)
                     of a judicial decision)
                                                                       (Public supply contracts Ð Definition of contracting
                         (1999/C 48/13)
                                                                                                  authority)
                                                                                               (1999/C 48/14)
                 (Language of the case: Danish)
                                                                                      (Language of the case: English)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       In Case C-306/97: Reference to the Court under
                                                                       Article 177 of the EC Treaty by the High Court (Ireland)
In Case C-250/97: reference to the Court under Article 177             for a preliminary ruling in the proceedings pending before
of the EC Treaty from the Civilret (Civil Court),                      that court between Connemara Machine Turf Co. Ltd and
Hillerùd (Denmark), for a preliminary ruling in the                    Coillte Teoranta Ð on the interpretation of Article 1 of
proceedings pending before that court between Dansk                    Council Directive 77/62/EEC of 21 December 1976
 ---pagebreak--- C 48/8               EN                 Official Journal of the European Communities                                  20.2.1999
coordinating procedures for the award of public supply                 which she had acquired and also for the inappropriate
contracts (OJ L 13, 15.1.1977, p. 1), as amended by                    development of her career and the delay in her career
Directive 88/295/EEC, (OJ L 127, 20.5.1988, p. 1), and of              advancement;
Article 1 of Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply             Ð declare unlawful Article 45(2), (3) and (4) of the Staff
contracts (OJ L 199, 9.8.1993, p. 1) Ð the Court (Fifth                Regulations having regard to the principles of equal
Chamber), composed of: J.-P. Puissochet, President of the              treatment and entitlement to freedom;
Chamber, P. Jann (Rapporteur), J. C. Moitinho de
Almeida, C. Gulmann and M. Wathelet, Judges; S. Alber,
                                                                   Ð order the Commission to pay all the costs of both
Advocate-General; H. von Holstein, Deputy Registrar, has
                                                                       actions at first instance and of the present proceedings.
given a judgment on 17 December 1998, in which it held:
                                                                   In the alternative, in the event that the Court of Justice
A body such as Coillte Teoranta is a contracting authority         considers that the case is not ready for judgment, the
within the meaning of Article 1(b) of Council Directive            appellant claims that the Court of Justice should:
77/62/EEC of 21 December 1976 coordinating procedures
for the award of public supply contracts, as amended by
                                                                   Ð set aside in part the judgment of the Court of First
Council Directive 88/295/EEC.
                                                                       Instance of 15 September 1998 in Case T-23/96;
(1) OJ C 318, 18.10.1997.
                                                                   Ð refer the case back to the Court of First Instance for it
                                                                       to give judgment, on the basis of the principles to be
                                                                       specified by the Court of Justice;
                                                                   Ð order the Commission to pay the costs of these
                                                                       proceedings.
Appeal brought on 23 October 1998 by Elsa De Persio,
an employee of the Commission of the European
                                                                   Pleas in law and main arguments adduced in support:
Communities, against the judgment delivered on
15 September 1998 by the Second Chamber of the Court
of First Instance of the European Communities in Case              1. Infringement of the obligation to respond to all
T-23/96 Elsa De Persio v. Commission of the European                   requests made by the appellant;
 Communities, intervener: Council of the European Union
                     (Case C-418/98 P)                             2. Incorrect appraisal of the plea alleging lack of equal
                                                                       treatment and encroachment upon the freedom of
                       (1999/C 48/15)                                  officials covered by the derogation relating to officials
                                                                       in Grades B, C and D;
An appeal against the judgment delivered on 15 September
1998 by the Second Chamber of the Court of First                   3. Errors in law, infringement of the rules of procedure
Instance of the European Communities in Case T-23/96                   concerning the burden of proof borne by the
Elsa De Persio v. Commission of the European                           defendant and manifest error of assessment regarding
Communities, intervener: Council of the European Union,                the provisions relating to the appointing authority;
was brought before the Court of Justice of the European
Communities on 23 October 1998 by Elsa De Persio, an               4. Error in law regarding the applicable procedure and
employee of the Commission of the European                             powers concerning changes to the staff organisation of
Communities, represented by Franco Giampietro, of the                  the Publications Office and the Commission;
Rome Bar, with an address for service at 114 Via
Sacchetti, Rome.                                                   5. Errores in iudicando and infringement of the
                                                                       requirements       relating   to    burden    of   proof
The appellant claims that the Court of Justice should:                 (paragraphs 123 to 149 of the contested judgment).
Ð declare void or non-existent, or annul, the decison
    transferring the appellant, adopted by the Director
    General for Personnel of the Commission and the
    preparatory measures on which it is based;
                                                                   Reference for a preliminary ruling from the Netherlands
                                                                   Raad van State by order of that court of 19 November
Ð declare unlawful the conduct of the administration               1998 in the case of W. N. against Staatssecretaris van
    from 13 January 1995 to 10 June 1996;                                                      FinancieÈn
                                                                                           (Case C-420/98)
Ð consequently, order the Commission to pay                                                 (1999/C 48/16)
    compensation, on an equitable basis, for the
    non-material damage suffered by the appellant and the
    adverse effect on her peace of mind and physical               Reference has been made to the Court of Justice of the
    health, and for loss of the specific professional status       European Communities by order of the Netherlands Raad