Notice for the OJ

 

Reference for a preliminary ruling by the Audiencia Nacional by order of that Court of 16 April 2003 in the case of Contse S.A., Vivisol SRL and Oxigen Salud S.A. against INSALUD (now INGESA)

    (Case C-234/03)

Reference has been made to the Court of Justice of the European Communities by order of the Audiencia Nacional (National High Court) of 16 April 2003, received at the Court Registry on 2 June 2003, for a preliminary ruling in the case of Contse S.A., Vivisol SRL and Oxigen Salud S.A. against INSALUD (now INGESA) on the following questions:

Is it contrary to Articles 12, 43 et seq. and 49 et seq. of the EC Treaty, and Article 3(2) of Council Directive 92/50/EEC¹ of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, to include in the general specifications and special administrative clauses and technical specifications governing public competitions relating to home respiratory treatments and other assisted breathing techniques: 1) the requirement that, in order to qualify to tender, undertakings must already have offices open to the public in the province or capital of the province in which the service is to be provided; 2) award criteria which favour: a) tenders from undertakings established within a 1 000 Km radius of the capital in which the service is to be provided; b) undertakings which already have offices open to the public in certain towns in that province; or c) undertakings which have been providing the service previously?

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¹ - OJ L 209 of 18.06.1992, p. 1.