«(Directive 93/37/EEC – Public works contracts – Definition of contracting authority – Body governed by public law – Restricted procedure – Rules for weighting of criteria for selecting candidates invited to tender – Advertisement – Directive 89/665/EEC – Review procedures relating to public procurement – Time-limits for review)»

1.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Contracting authorities – Body governed by public law – Definition – Body which was not established to satisfy specific needs in the general interest not having an industrial or commercial character, but in the meantime satisfying such needs – Covered (Council Directive 93/37, Art. 1(b), second subpara.)

2.. Approximation of laws – Review procedures relating to the award of public supply and public works contracts – Directive 89/665 – Time-limit for contesting decisions of contracting authorities and for raising any allegedly unlawful measures – Whether permissible (Council Directive 89/665)

3.. Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Restricted procedure – Rules laid down in advance for weighting the criteria for selecting the candidates invited to tender – Publication required (Council Directive 93/37)

JUDGMENT OF THE COURT (Sixth Chamber) 12 December 2002 (1)

((Directive 93/37/EEC – Public works contracts – Definition of contracting authority – Body governed by public law – Restricted procedure – Rules for weighting of criteria for selecting candidates invited to tender – Advertisement – Directive 89/665/EEC – Review procedures relating to public procurement – Time-limits for review))

In Case C-470/99,

REFERENCE to the Court under Article 234 EC by the Vergabekontrollsenat des Landes Wien (Austria) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Article 1(a), (b) and (c) 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), and Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33), as amended by 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 (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, C. Gulmann, V. Skouris (Rapporteur), and F. Macken, 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 Entsorgungsbetriebe Simmering GmbH, represented by C. Casati, Rechtsanwalt, of the Austrian Government, represented by M. Fruhmann, acting as Agent, and of the Commission, represented by H. van Lier, acting as Agent, assisted by R. Roniger, at the hearing on 12 September 2001,

after hearing the Opinion of the Advocate General at the sitting on 8 November 2001,

gives the following

Community legislation

...

Austrian legislation

...

...

Admissibility

Substance

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT (Sixth Chamber),

in answer to the questions referred to it by the Vergabekontrollsenat des Landes Wien by order of 12 November 1999, hereby rules:

Puissochet

Schintgen

Gulmann

Skouris

Macken

Delivered in open court in Luxembourg on 12 December 2002.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber