«(Directive 92/50/EEC – Public service contracts – Definition of contracting authority – Body governed by public law – Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority)»

1.. Preliminary rulings – Jurisdiction of the Court – Limits – Manifestly irrelevant questions and hypothetical questions in a context which precludes any useful answer – Questions not related to the purpose of the main proceedings (Art. 234 EC)

2.. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Contracting authorities – Body governed by public law – Definition – Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority – Included – Needs in the general interest, not having an industrial or commercial character – Assessment by the national courts – Criteria (Council Directive 92/50, Art. 1(b), second para.)

JUDGMENT OF THE COURT (Fifth Chamber) 22 May 2003 (1)

((Directive 92/50/EEC – Public service contracts – Definition of contracting authority – Body governed by public law – Company set up by a regional or local authority to promote the development of industrial or commercial activities on the territory of that authority))

In Case C-18/01,

REFERENCE to the Court under Article 234 EC by the Kilpailuneuvosto (Finland) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 1(b) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1),

THE COURT (Fifth Chamber),,

composed of: C.W.A. Timmermans (Rapporteur), President of the Fourth Chamber, acting for the President of the Fifth Chamber, D.A.O. Edward, P. Jann, S. von Bahr and A. Rosas, Judges,

Advocate General: S. Alber,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of the Finnish Government and the Commission at the hearing on 16 May 2002,

after hearing the Opinion of the Advocate General at the sitting on 11 July 2002,

gives the following

Community legislation

National legislation

The first and second questions

Observations submitted to the Court

Findings of the Court

The third question

On those grounds,

THE COURT (Fifth Chamber),

in answer to the questions referred to it by the Kilpailuneuvosto by order of 14 December 2000, hereby rules:

Timmermans

Edward

Jann

von Bahr

Rosas

Delivered in open court in Luxembourg on 22 May 2003.

R. Grass

M. Wathelet

Registrar

President of the Fifth Chamber