Connemara Machine Turf Co. Ltd contra Coillte Teoranta.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: Jann
• ECLI: ECLI:EU:C:1998:623
• Date: 17 December 1998
• Docket Number: C-306/97
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61997J0306

Judgment of the Court (Fifth Chamber) of 17 December 1998. - Connemara Machine Turf Co. Ltd v Coillte Teoranta. - Reference for a preliminary ruling: High Court - Ireland. - Public supply contracts - Definition of contracting authority. - Case C-306/97.

European Court reports 1998 Page I-08761

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Approximation of laws - Procedures for the award of public supply contracts - Directive 77/62 - Contracting authorities - Bodies corresponding to legal persons governed by public law - Annex I to Directive 77/62 - Public authorities whose public supply contracts are subject to control by the State

(Council Directive 77/62, Art. 1(b) and Annex I, Point VI)

Summary

A body such as Coillte Teoranta (Irish Forestry Board) is a contracting authority within the meaning of Article 1(b) of Directive 77/62 coordinating procedures for the award of public supply contracts.

Such a body, which has legal personality and does not award public contracts on behalf of the State or a regional or local authority, cannot be regarded as being the State or a regional or local authority, but constitutes a body corresponding to legal persons governed by public law within the meaning of Article 1(b) of Directive 77/62 in conjunction with Point VI (Ireland) of Annex I thereto, where the State may exercise control, at least indirectly, over the award of public supply contracts.

Parties

In Case C-306/97,

REFERENCE to the Court under Article 177 of the EC Treaty by the High Court (Ireland) for a preliminary ruling in the proceedings pending before that court between

Connemara Machine Turf Co. Ltd

and

Coillte Teoranta

on the interpretation of Article 1 of Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (OJ 1977 L 13, p. 1), as amended by Council Directive 88/295/EEC of 22 March 1988 (OJ 1988 L 127, p. 1), and of Article 1 of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1),

THE COURT

(Fifth Chamber),

composed of: J.-P. Puissochet, President of the Chamber, P. Jann (Rapporteur), J.C. Moitinho de Almeida, C. Gulmann and M. Wathelet, Judges,

Advocate General: S. Alber,

Registrar: H. von Holstein, Deputy Registrar,

after considering the written observations submitted on behalf of:

- Connemara Machine Turf Co. Ltd, by Philip Lee and Lee McEvoy, Solicitors,

- Coillte Teoranta, by Philippa Watson, Barrister, instructed by Denis Cagney, Solicitor,

- the Irish Government, by Michael A. Buckley, Chief State Solicitor, acting as Agent, and Patrick Mooney BL,

- the United Kingdom Government, by John E. Collins, Assistant Treasury Solicitor, acting as Agent, and Paul Lasok QC and Rhodri Williams, Barrister,

- the Commission of the European Communities, by Richard Wainwright, Principal Legal Adviser, acting as Agent,

having regard to the Report for the Hearing,

after hearing the oral observations of Connemara Machine Turf Co. Ltd, represented by Bill Shipsey SC and Philip Lee, Solicitor; Coillte Teoranta, represented by Philippa Watson; the Irish Government, represented by Michael A. Buckley and Donal O'Donnell SC; the French Government, represented by Philippe Lalliot, Secretary for Foreign Affairs in the Legal Department of the Ministry of Foreign Affairs, acting as Agent; the United Kingdom Government, represented by Paul Lasok and Rhodri Williams; and the Commission, represented by Richard Wainwright, at the hearing on 28 May 1998,

after hearing the Opinion of the Advocate General at the sitting on 16 July 1998,

gives the following

Judgment

Grounds

1 By order of 29 May 1997, received at the Court on 2 September 1997, the High Court (Ireland) referred to the Court for a preliminary ruling under Article 177 of the EC Treaty two questions on the interpretation of Article 1 of Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (OJ 1977 L 13, p. 1), as amended by Council Directive 88/295/EEC of 22 March 1988 (OJ 1988 L 127, p. 1), and of Article 1 of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1).

2 Those questions were raised in...