Keywords
Summary

Keywords

1 . PROCEEDINGS ON APPLICATION FOR ADOPTION OF INTERIM MEASURES - INTERIM MEASURES - JURISDICTION OF JUDGE HEARING APPLICATION FOR ADOPTION OF INTERIM MEASURES WHERE ONE OF THE PARTIES DISPUTES THE ADMISSIBILITY OF THE MAIN APPLICATION

( EEC TREATY , ARTS 185 AND 186 )

2 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE COMMUNITY - SECOND ACP-EEC CONVENTION - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR AWARDING PUBLIC WORKS CONTRACTS - JUDICIAL PROTECTION OF TENDERERS - APPLICATION OF THE PROVISIONS OF THE EEC TREATY NOT PRECLUDED

( SECOND ACP-EEC CONVENTION OF 31 OCTOBER 1979 , ARTS 91 TO 154 )

3 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE COMMUNITY - SECOND ACP-EEC CONVENTION - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR AWARDING PUBLIC WORKS CONTRACTS - ACTS OF THE COMMISSION - SUBJECT TO JUDICIAL REVIEW BY THE COMMUNITY COURT

( SECOND ACP-EEC CONVENTION OF 31 OCTOBER 1979 , ARTS 91 TO 154 )

4 . INTERNATIONAL AGREEMENTS - AGREEMENTS CONCLUDED BY THE COMMUNITY - SECOND ACP-EEC CONVENTION - PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION - PROCEDURE FOR AWARDING PUBLIC WORKS CONTRACTS - POWERS OF THE COMMISSION

( SECOND ACP-EEC CONVENTION OF 31 OCTOBER 1979 , ARTS 91 TO 154 )

Summary

1 . WHERE THE PRELIMINARY OBJECTIONS RAISED BY A PARTY REGARDING THE JURISDICTION OF THE COURT AND THE ADMISSIBILITY OF THE MAIN APPLICATION CONSTITUTE A PREREQUISITE FOR THE DECISION ON THE ADMISSIBILITY OF THE APPLICATION FOR THE ADOPTION OF INTERIM MEASURES , THE JUDGE HEARING THAT APPLICATION CANNOT ESCAPE THE NECESSITY OF RESOLVING PROVISIONALLY THE VARIOUS PROBLEMS RAISED . FROM HIS POINT OF VIEW , IT IS SUFFICIENT IF HE CAN ESTABLISH , WITH A SUFFICIENT DEGREE OF PROBABILITY , THAT THERE IS A BASIS , ALBEIT PARTIAL , ON WHICH THE COURT MAY FOUND ITS JURISDICTION IN ORDER TO ENABLE HIM TO ACKNOWLEDGE THE EXISTENCE OF A LEGITIMATE INTEREST IN THE ADOPTION OF INTERIM MEASURES DESIGNED TO PRESERVE THE EXISTING POSITION PENDING A DECISION ON THE SUBSTANCE OF THE CASE .

2.IT IS IMPOSSIBLE TO ACCEPT THE VIEW THAT , BY PARTICIPATING IN A TENDER ORGANIZED , UNDER THE PROVISIONS OF THE SECOND ACP-EEC CONVENTION WHICH RELATE TO FINANCIAL AND TECHNICAL COOPERATION , BY AN ACP STATE , IN CLOSE COOPERATION WITH THE COMMUNITY INSTITUTIONS , WITH A VIEW TO THE EXECUTION OF A PROJECT FINANCED ENTIRELY BY THE EUROPEAN DEVELOPMENT FUND , AN UNDERTAKING ESTABLISHED IN THE COMMUNITY IS AUTOMATICALLY PLACED OUTSIDE THE JUDICIAL PROTECTION AFFORDED TO IT BY THE PROVISIONS OF THE EEC TREATY .

3.WHILST IT SEEMS CERTAIN THAT A CONTRACT FOR PUBLIC WORKS CONCLUDED BETWEEN THE AUTHORITIES OF AN ACP STATE AND THE SUCCESSFUL TENDERER UNDER THE PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION CONTAINED IN THE SECOND ACP-EEC CONVENTION FALLS OUTSIDE THE JURISDICTION OF THE COURT , THAT DOES NOT MEAN THAT THERE CAN BE NO JUDICIAL REVIEW UNDER THE EEC TREATY OF ACTS OF THE COMMISSION IN THE CONTEXT OF THE TENDER PROCEDURE SET UP BY THE CONVENTION .

4.ALTHOUGH THE FUNCTIONS WHICH , UNDER THE PROVISIONS ON FINANCIAL AND TECHNICAL COOPERATION CONTAINED IN THE SECOND ACP-EEC CONVENTION , ARE PERFORMED BY THE COMMISSION IN CONNECTION WITH THE VARIOUS STAGES OF THE PREPARATION OF PROJECTS AND WITH PUTTING THOSE PROJECTS OUT TO TENDER ARE CLOSELY LINKED TO THE ACTS OF THE ACP STATE BENEFITING FROM THEM , THE FACT REMAINS THAT , ON THE ONE HAND , ALL THE DECISIVE OPERATIONS RELATING TO THE AWARD OF THE CONTRACT ARE SUBJECT TO THE APPROVAL OF THE COMMISSION AND , ON THE OTHER HAND , THE COMMISSION , IN ITS CAPACITY AS MANAGER OF THE EUROPEAN DEVELOPMENT FUND , RETAINS CONTROL OVER THE ALLOCATION AND TRANSFER OF FUNDS EARMARKED FOR THE EXECUTION OF THE VARIOUS PROJECTS UNTIL SUCH TIME AS THEY ARE USED .