«(Directive 93/37/EEC – Public works contracts – Concept of a variant – Conditions for consideration and assessment for the purpose of awarding a contract)»

1.. Preliminary rulings – Jurisdiction of the Court – Extraction of the relevant points of Community law – Jurisdiction of the national courts – Establishment and evaluation of the facts – Application of provisions interpreted by the Court (Art. 234 EC)

2.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Award of contracts – Variants submitted by tenderers – Obligation to set out in the contract documents the minimum specifications to be complied with – Scope – Reference to a provision of national legislation – Not permissible (Council Directive 93/37, Art. 19)

3.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Award of contracts – Application of the criteria for the award of contracts only to variants properly taken into consideration by the contracting authority (Council Directive 93/37, Arts 19 and 30)

JUDGMENT OF THE COURT (Sixth Chamber) 16 October 2003 (1)

((Directive 93/37/EEC – Public works contracts – Concept of a variant – Conditions for consideration and assessment for the purpose of awarding a contract))

In Case C-421/01,

REFERENCE to the Court under Article 234 EC by the Bundesvergabeamt (Austria) for a preliminary ruling in the proceedings pending before that tribunal between

and

on the interpretation of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54),

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, V. Skouris (Rapporteur), F. Macken and J.N. Cunha Rodrigues, 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 Austrian Government and the Commission at the hearing on 6 March 2003,

after hearing the Opinion of the Advocate General at the sitting on 10 April 2003,

gives the following

Community legislation

National legislation

...

...

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions referred to it by the Bundesvergabeamt by order of 25 September 2001, hereby rules:

Puissochet

Schintgen

Skouris

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 16 October 2003.

R. Grass

V. Skouris

Registrar

President