| | 32004L0018: c3-1.9Non-exhaustive lists    
| 32004L0018 - Classic (3rd generation) | Article 1.9.3 | | Non-exhaustive lists of bodies and categories of bodies governed by public law which fulfil the criteria referred to in (a), (b) and (c) of the second subparagraph are set out in Annex III. Member States shall periodically notify the Commission of any changes to their lists of bodies and categories of bodies. | | 31993L0037 - Works (2nd generation) | Article 1.b.3 | | The lists of bodies and categories of bodies governed by public law which fulfil the criteria referred to in the second subparagraph are set out in Annex I. These lists shall be as exhaustive as possible and may be reviewed in accordance with the procedure laid down in Article 35. To this end, Member States shall periodically notify the Commission of any changes of their lists of bodies and categories of bodies; | | 31993L0036 - Goods (2nd generation) | Article 1.b.3 | | The lists of bodies or of categories of such bodies governed by public law which fulfil the criteria referred to in the second subparagraph are set out in Annex I to Directive 93/37/EEC. These lists shall be as exhaustive as possible and may be reviewed in accordance with the procedure laid down in Article 35 of Directive 93/37/EEC; | | 31992L0050 - Services (2nd generation) | Article 1.b.3 | | The lists of bodies or of categories of such bodies governed by public law which fulfil the criteria referred to in the second subparagraph of this point are set out in Annex I to Directive 71/305/EEC. These lists shall be as exhaustive as possible and may be reviewed in accordance with the procedure laid down in Article 30b of that Directive; | | 31971L0305 - Works (1st generation) | Article 1.b.p2 | | ..... specified in annex i shall be regarded as " authorities awarding contracts "; | | 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.1=W-1.b.3 | | The lists of bodies or of categories of such bodies governed by public law which fulfil the criteria referred to in the second subparagraph are set out in Annex I. These lists shall be as exhaustive as possible and may be reviewed in accordance with the procedure laid down in Article 30b. To this end, Member States shall periodically notify the Commission of any changes to their lists of bodies and categories of bodies; | | 31977L0062 - Goods (1st generation) | Article 1.b.p3 | | ..... as specified in annex I; | | 31980L0767 - First amendment of Goods (1st generation) | Article 1.1 | Article 1
1. For the purposes of this directive , "contracting authorities" means the entities referred to in Annex I and, to the extent that rectifications, modifications or amendments may have been made, their successor entities. |
| Case | Pte | Ref | Text | C-258/97
Hospital Ingenieure Hospital Ingenieure | 28- | G1-1.b.p2
G1-1.b.p3
G1-I.4
G1A1-1.1 | 28 In those circumstances, Coillte Teoranta cannot be regarded as being the State or a regional or local authority within the meaning of Article 1(b) of Directive 77/62. It must still be considered, however, whether it is one of the bodies corresponding to legal persons governed by public law listed in Annex I to Directive 77/62.
29 With reference to Ireland, that annex describes as contracting authorities other public authorities whose public supply contracts are subject to control by the State.
30 It must be borne in mind that the purpose of coordinating at Community level the procedures for the award of public supply contracts is to eliminate barriers to the free movement of goods.
31 In order to give full effect to the principle of free movement, the term `contracting authority' must be interpreted in functional terms (see, to that effect, the judgment of 10 November 1998 in Case C-360/96 Gemeente Arnhem and Gemeente Rheden v BFI Holding [1998] ECR I-6821, paragraph 62).
32 It must be emphasised here that it is the State which set up Coillte Teoranta and entrusted specific tasks to it, consisting principally of managing the national forests and woodland industries, but also of providing various facilities in the public interest. It is also the State which has power to appoint the principal officers of Coillte Teoranta.
33 Moreover, the Minister's power to give instructions to Coillte Teoranta, in particular requiring it to comply with State policy on forestry or to provide specified services or facilities, and the powers conferred on that Minister and the Minister for Finance in financial matters give the State the possibility of controlling Coillte Teoranta's economic activity.
34 It follows that, while there is indeed no provision expressly to the effect that State control is to extend specifically to the awarding of public supply contracts by Coillte Teoranta, the State may exercise such control, at least indirectly.
35 Consequently, Coillte Teoranta must be regarded as a `public authority whose public supply contracts are subject to control by the State' within the meaning of Point VI of Annex I to Directive 77/62.
36 The answer to the questions referred for a preliminary ruling must therefore be that a body such as Coillte Teoranta is a contracting authority within the meaning of Article 1(b) of Directive 77/62, as amended by Directive 88/295. | C353/96
Ireland | 33-41 | G1-1.b.p2
G1-1.b.p3
G1-I.4
G1A1-1.1 | 33 In those circumstances, Coillte Teoranta cannot be regarded as being the State or a regional or local authority within the meaning of Article 1(b) of Directive 77/62. It must still be considered, however, whether it is one of the bodies corresponding to legal persons governed by public law listed in Annex I to Directive 77/62.
34 With reference to Ireland, that annex describes as contracting authorities other public authorities whose public supply contracts are subject to control by the State.
35 It must be borne in mind that the purpose of coordinating at Community level the procedures for the award of public supply contracts is to eliminate barriers to the free movement of goods.
36 In order to give full effect to the principle of free movement, the term `contracting authority' must be interpreted in functional terms (see, to that effect, the judgment of 10 November 1998 in Case C-360/96 Gemeente Arnhem and Gemeente Rheden v BFI Holding [1998] ECR I-6821, paragraph 62).
37 It must be emphasised here that it is the State which set up Coillte Teoranta and entrusted specific tasks to it, consisting principally of managing the national forests and woodland industries, but also of providing various facilities in the public interest. It is also the State which has power to appoint the principal officers of Coillte Teoranta.
38 Moreover, the Minister's power to give instructions to Coillte Teoranta, in particular requiring it to comply with State policy on forestry or to provide specified services or facilities, and the powers conferred on that Minister and the Minister for Finance in financial matters give the State the possibility of controlling Coillte Teoranta's economic activity.
39 It follows that, while there is indeed no provision expressly to the effect that State control is to extend specifically to the awarding of public supply contracts by Coillte Teoranta, the State may exercise such control, at least indirectly.
40 Consequently, Coillte Teoranta must be regarded as a `public authority whose public supply contracts are subject to control by the State' within the meaning of Point VI of Annex I to Directive 77/62.
41 Coillte Teoranta is therefore a contracting authority within the meaning of Directive 77/62. It was consequently obliged in the present case to have a notice of tender published in the Official Journal of the European Communities. |
|
|
