CELEX: C2000/372/06
Language: en
Date: 2000-12-23 00:00:00
Title: Case C-373/00: Reference for a preliminary ruling by the Vergabekontrollsenat des Landes Wien (Austria) by order of 14 September 2000 in the case of Adolf Truley GmbH v Bestattung Wien GmbH

C 372/4               EN                        Official Journal of the European Communities                                   23.12.2000
The Commission cannot accept from Member States rectifi-                   3.    Is the requirement laid down in Article 1(b) of Directive
cations with retroactive value such as that made by the Italian                  93/96/EEC that the management of the body governed
Ministry of the Treasury on 27 June 1996, given that credits                     by public law must be subject to supervision by the State
of sums with retroactive value make no sense in a system of                      or a regional or local authority also fulfilled by a
non-interest bearing accounts such as the ‘own resources’                        mere review as provided for through the Kontrollamt
account in the name of the Commission, and to allow                              (Monitoring Office) of the City of Vienna?
accounting rectifications with retroactive effect would deprive
the obligation to pay interest for delay of any practical
effectiveness whatsoever.
                                                                           (1) OJ 1993 L 199, p. 1.
(1) OJ L 130, 31.5.2000, p. 1.
(2) OJ L 155, 7.6.1989, p. 1.
                                                                           Action brought on 11 October 2000 by the Commission
                                                                           of the European Communities against the Italian Republic
                                                                                                    (Case C-375/00)
Reference for a preliminary ruling by the Vergabekon-
trollsenat des Landes Wien (Austria) by order of 14 Sep-                                            (2000/C 372/07)
tember 2000 in the case of Adolf Truley GmbH v
                    Bestattung Wien GmbH
                                                                           An action against the Italian Republic was brought before the
                                                                           Court of Justice of the European Communities on 11 October
                        (Case C-373/00)                                    2000 by the Commission of the European Communities,
                                                                           represented by Gregorio Valero Jordana, of its Legal Service,
                                                                           and Roberto Amorosi, judge on secondment to the Legal
                        (2000/C 372/06)                                    Service, acting as Agents, with an address for service in
                                                                           Luxembourg at the office of Carlos Gómez de la Cruz, of its
                                                                           Legal Service, Wagner Centre, Kirchberg.
Reference has been made to the Court of Justice of the
European Communities by order of 14 September 2000 by
the Vergabekontrollsenat des Landes Wien, which was received               The applicant claims that the Court should:
at the Court Registry on 11 October 2000, for a preliminary
ruling in the case of Adolf Truley GmbH v Bestattung Wien
GmbH on the following questions:                                           —     Declare that, by failing to draw up a systematic and
                                                                                 complete plan of action at national level, including a
                                                                                 timetable for the improvement of surface water, the
1.    Must the term ‘needs in the general interest’ in Article 1(b)              territorial plan for Lombardy still being missing, so that
      of Council Directive 93/36/EEC (1) of 14 June 1993                         the Commission has not been able to carry out a
      coordinating procedures for the award of public supply                     thorough examination of said national plans, the Italian
      contracts be interpreted as meaning that                                   Republic has failed to comply with Article 4(2) of Council
                                                                                 Directive 75/440/EEC (1) of 16 June 1975 concerning
                                                                                 the quality required of surface water intended for the
      (a)  the definition of needs in the general interest must                  abstraction of drinking water in the Member States.
           be derived from the national legal system of the
           Member State?
                                                                           —     Order the Italian Republic defendant to pay the costs.
      (b) the fact that a regional or local authority’s obligation
           is subsidiary is in itself sufficient for the existence of
           a need in the general interest to be assumed?                   Pleas in law and main arguments
2.    In interpreting the requirement ‘meeting needs ... not               The Commission claims that, although, so far as concerns
      having an industrial or commercial character’ laid down              certain types of water, there have been separate improvement
      in Directive 93/36/EEC, is (a) the existence of significant          plans at regional level, such plans do not cover all the water
      competition an imperative condition or (b) are the factual           referred to in Directive 75/440/EEC, so that the Commission
      or legal circumstances the determinant factors in that               takes the view that the Italian Republic has not drawn up the
      respect?                                                             systematic plan as required under Article 4(2) of the directive.