CELEX: C2000/335/33
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 3 October 2000 in Case C-411/98 (reference for a preliminary ruling from the Tribunal d'Arrondissement, Luxembourg): Angelo Ferlini v Centre Hospitalier de Luxembourg (Workers — Regulation (EEC) No 1612/68 — Equal treatment — Persons not affiliated to the national social security scheme — Officials of the European Communities — Application of scales of fees for medical and hospital expenses connected with childbirth)

C 335/18                 EN                      Official Journal of the European Communities                                        25.11.2000
contracts (OJ 1993 L 199, p. 1) and Article 1 of Council                                     JUDGMENT OF THE COURT
Directive 93/37/EEC of 14 June 1993 concerning the coordi-
nation of procedures for the award of public works contracts
(OJ 1993 L 199, p. 54) — the Court (Fifth Chamber),
composed of: D.A.O. Edward, President of the Chamber,                                               of 3 October 2000
P.J.G. Kapteyn (Rapporteur), A. La Pergola, P. Jann and
H. Ragnemalm, Judges; S. Alber, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 3 October 2000, in which it has ruled:                                   in Case C-411/98 (reference for a preliminary ruling from
                                                                            the Tribunal d’Arrondissement, Luxembourg): Angelo
                                                                                   Ferlini v Centre Hospitalier de Luxembourg (1)
1.    The expression ‘financed… by [one or more contracting
      authorities]’ in Article 1(b), second subparagraph, third indent,
      of Council Directive 92/50/EEC of 18 June 1992 relating to            (Workers — Regulation (EEC) No 1612/68 — Equal treat-
      the coordination of procedures for the award of public service        ment — Persons not affiliated to the national social security
      contracts, Council Directive 93/36/EEC of 14 June 1993                scheme — Officials of the European Communities —
      coordinating procedures for the award of public supply contracts      Application of scales of fees for medical and hospital
      and Council Directive 93/37/EEC of 14 June 1993 concerning                           expenses connected with childbirth)
      the coordination of procedures for the award of public works
      contracts, properly construed, includes awards or grants paid by
      one or more contracting authorities for the support of research
      work and student grants paid by local education authorities to                                  (2000/C 335/33)
      universities in respect of tuition for named students. Payments
      made by one or more contracting authorities either in the
      context of a contract for services comprising research work or as
      consideration for other services such as consultancy or the
      organisation of conferences do not, by contrast, constitute public                        (Language of the case: French)
      financing within the meaning of those directives.
2.    On a proper construction, the term ‘for the most part’ in Article
      1(b), second subparagraph, third indent, of Directives 92/50,         (Provisional translation; the definitive translation will be published
      93/36 and 93/37 means ‘more than half’.                                                  in the European Court Reports)
3.    In order to determine correctly the percentage of public financing
      of a particular body account must be taken of all of its income,      In Case C-411/98: reference to the Court under Article 177 of
      including that which results from a commercial activity.              the EC Treaty (now Article 234 EC) from the Tribunal
                                                                            d’Arrondissement (District Court), Luxembourg, for a prelimi-
                                                                            nary ruling in the proceedings pending before that court
                                                                            between Angelo Ferlini and Centre Hospitalier de Luxembourg
4.    The decision as to whether a body such as the University of
                                                                            — on the interpretation, first, of the first paragraph of Article
      Cambridge is a ‘contracting authority’ must be made annually
                                                                            6 and Article 48 of the EC Treaty (now, after amendment, the
      and the budgetary year in which the procurement procedure
                                                                            first paragraph of Article 12 EC and Article 39 EC), of
      commences must be regarded as the most appropriate period for
                                                                            Regulation (EEC) No 1612/68 of the Council of 15 October
      calculating the way in which that body is financed, so that the
                                                                            1968 on freedom of movement for workers within the
      calculation must be made on the basis of the figures available
                                                                            Community (OJ, English Special Edition 1968 (II), p. 475), as
      at the beginning of the budgetary year, even if they are
                                                                            amended by Council Regulation (EEC) No 312/76 of 9 Februa-
      provisional. A body which constitutes a ‘contracting authority’
                                                                            ry 1976 amending the provisions relating to the trade union
      for the purposes of Directives 92/50, 93/36 and 93/37 when
                                                                            rights of workers contained in Regulation (EEC) No 1612/68
      a procurement procedure commences remains, as far as that
                                                                            (OJ 1976 L 39, p. 2), and of Council Regulation (EEC) No
      procurement is concerned, subject to the requirements of those
                                                                            1408/71 of 14 June 1971 on the application of social security
      directives until such time as the relevant procedure has been
                                                                            schemes to employed persons, to self-employed persons and
      completed.
                                                                            to members of their families moving within the Community,
                                                                            as amended and updated by Council Regulation (EEC) No
                                                                            2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), and, second,
                                                                            of Article 85(1) of the EC Treaty (now Article 81(1) EC) —
(1) OJ C 397 of 19.12.1998.                                                 the Court, composed of: G.C. Rodrı́guez Iglesias, President,
                                                                            J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón and
                                                                            R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn, C. Gul-
                                                                            mann, P. Jann, H. Ragnemalm (Rapporteur), M. Wathelet and
                                                                            V. Skouris, Judges; G. Cosmas, Advocate General; R. Grass,
                                                                            Registrar, has given a judgment on 3 October 2000, in which
                                                                            it has ruled:
 ---pagebreak--- 25.11.2000                EN                     Official Journal of the European Communities                                             C 335/19
The application, on a unilateral basis, by a group of healthcare            1.    Dismisses the appeal;
providers to EC officials of scales of fees for medical and hospital
maternity care which are higher than those applicable to residents          2.    Orders Industrie des Poudres Sphériques to pay the costs;
affiliated to the national social security scheme constitutes discrimi-
nation on the ground of nationality prohibited under the first
paragraph of Article 6 of the EC Treaty (now, after amendment, the          3.    Orders Péchiney Électrométallurgie, the Chambre Syndicale de
first paragraph of Article 12 EC), in the absence of objective                    l’Électrométallurgie et de l’Électrochimie and the Commission of
justification in this respect.                                                    the European Communities each to bear their own costs.
(1) OJ C 20 of 23.1.1999.                                                   (1) OJ C 48, 20.2.1999, p. 17.
                   JUDGMENT OF THE COURT
                                                                                              JUDGMENT OF THE COURT
                            (Fifth Chamber)
                          of 3 October 2000                                                            (Sixth Chamber)
in Case C-458/98 P: Industrie des Poudres Sphériques v                                               of 3 October 2000
                Council of the European Union (1)
                                                                            in Case C-9/99 (reference for a preliminary ruling from
(Appeal — Anti-dumping — Regulation (EEC) No 2423/88                        the Cour d’Appel de Grenoble, France): Échirolles Distri-
— Calcium metal — Admissibility — Re-opening of an                              bution SA v Association du Dauphiné and Others (1)
anti-dumping procedure after annulment of the regulation
 adopting an anti-dumping duty — Right to a fair hearing)
                                                                                            (National legislation on book prices)
                            (2000/C 335/34)
                                                                                                       (2000/C 335/35)
                      (Language of the case: French)
                                                                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)
                                                                            (Provisional translation; the definitive translation will be published
In Case C-458/98 P: Industrie des Poudres Sphériques, estab-                                    in the European Court Reports)
lished in Annemasse (France), represented by C. Momège, of
the Paris Bar, with an address for service in Luxembourg at the
Chambers of A. May, 398 Route d’Esch — appeal against the                   In Case C-9/99: reference to the Court under Article 177 of
judgment of the Court of First Instance of the European                     the EC Treaty (now Article 234 EC) from the Cour d’Appel
Communities (Fifth Chamber, Extended Composition) of                        (Court of Appeal), Grenoble, for a preliminary ruling in the
15 October 1998 in Case T-2/95 Industries des Poudres                       proceedings pending before that court between Échirolles
Sphériques v Council [1998] ECR II-3939, seeking to have                    Distribution SA and Association du Dauphiné and Others —
that judgment set aside, the other parties to the proceedings               on the interpretation of Articles 3(c) and (g) of the EC Treaty
being: Council of the European Union (Agents: S. Marquardt                  (now, after amendment, Article 3(c) and (g) EC), 3a and 5 of
assisted by P. Bentley) Commission of the European Communi-                 the EC Treaty (now Articles 4 EC and 10 EC), the second
ties, (Agents: N. Khan and X. Lewis) Péchiney Électrométallur-             paragraph of Article 7a of the EC Treaty (now, after amend-
gie, established in Courbevoie (France) Chambre Syndicale de                ment, the second paragraph of Article 14 EC) and Articles
l’Électrométallurgie et de l’Électrochimie, established in Paris          102a and 103(3) and (4) of the EC Treaty (now Articles 98 EC
(France), represented by O. d’Ormesson and O. Prost, of                     and 99(3) and (4) EC) — the Court (Sixth Chamber), composed
the Paris Bar — the Court (Fifth Chamber), composed of:                     of: J.C. Moitinho de Almeida (Rapporteur), President of the
D.A.O. Edward, President of the Chamber, P.J.G. Kapteyn,                    Chamber, R. Schintgen, C. Gulmann, J.-P. Puissochet and
A. La Pergola, P. Jann and H. Ragnemalm (Rapporteur), Judges;               V. Skouris, Judges; S. Alber, Advocate General; D. Louterman-
G. Cosmas, Advocate General; R. Grass, Registrar, has given a               Hubeau, Principal Administrator, for the Registrar, has given a
judgment on 3 October 2000, in which it:                                    judgment on 3 October 2000, in which it has ruled: