JUDGMENT OF THE COURT

(Second Chamber)

of 7 October 2004

in Case C-247/02 (reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia): Sintesi SpA v Autorità per la Vigilanza sui Lavori Pubblici (1)

(Directive 93/37/EEC - Public works contracts - Award of contracts - Right of the contracting authority to choose between the criterion of the lowest price and that of the most economically advantageous tender)

(2004/C 300/15)

Language of the case: Italian

In Case C-247/02: reference for a preliminary ruling under Article 234 EC from the Tribunale amministrativo regionale per la Lombardia (Italy), made by decision of 26 June 2002, received at the Court on 8 June 2002, in the proceedings pending before that court between Sintesi SpA and Autorità per la Vigilanza sui Lavori Pubblici, in the presence of: Ingg. Provera e Carrassi SpA — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, R. Schintgen (Rapporteur), F. Macken and N. Colneric, Judges; C. Stix-Hackl, Advocate General; M. Múgica Azarmendi, Principal Administrator, for the Registrar, has given a judgment on 7 October 2004, in which it has ruled:

Article 30(1) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts is to be interpreted as meaning that it precludes national rules which, for the purpose of awarding public works contracts following open or restricted tendering procedures, impose a general and abstract requirement that the contracting authorities use only the criterion of the lowest price.

(1)  OJ C 202 du 24.8.2002.