|
3.9.2005 |
EN |
Official Journal of the European Union |
C 217/7 |
JUDGMENT OF THE COURT
(Grand Chamber)
of 21 July 2005
in Case C-231/03: Reference for a preliminary ruling from the Tribunale amministrativo regionale per la Lombardia: Consorzio Aziende Metano (Coname) v Comune di Cingia de' Botti (1)
(Articles 43 EC, 49 EC and 81 EC - Concession for the management of a public gas-distribution service)
(2005/C 217/14)
Language of the case: Italian
In Case C-231/03: reference for a preliminary ruling under Article 234 EC from the Tribunale amministrativo regionale per la Lombardia (Lombardy Regional Administrative Court) (Italy), made by decision of 14 February 2003, received at the Court on 28 May 2003, in the proceedings between Consorzio Aziende Metano (Coname) and Comune di Cingia de' Botti, intervener: Padania Acque SpA — the Court (Grand Chamber), composed of V. Skouris, President, P. Jann, C.W.A. Timmermans (Rapporteur), A. Rosas, R. Silva de Lapuerta and A. Borg Barthet, Presidents of Chambers, R. Schintgen, S. von Bahr, J.N. Cunha Rodrigues, G. Arestis, M. Ilešič, J. Malenovský and J. Klučka, Judges; C. Stix-Hackl, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, gave a judgment on 21 July 2005, in which it ruled:
Articles 43 EC and 49 EC preclude, in circumstances such as those at issue in the main proceedings, the direct award by a municipality of a concession for the management of the public gas-distribution service to a company in which there is a majority public holding and in the capital of which the municipality in question has a 0.97 % holding, if that award does not comply with transparency requirements which, without necessarily implying an obligation to hold an invitation to tender, are, in particular, such as to enable an undertaking located in the territory of a Member State other than that of the municipality in question to have access to appropriate information regarding that concession, so that, if that undertaking had so wished, it would have been in a position to express its interest in obtaining that concession.