Judgment of the Court (Second Chamber) of 19 April 2007.

Asociación Nacional de Empresas Forestales (Asemfo) v Transformación Agraria SA (Tragsa) and Administración del Estado.

Reference for a preliminary ruling: Tribunal Supremo - Spain.

Reference for a preliminary ruling - Admissibility - Article 86(1) EC - No independent effect - Factors permitting material which enables the Court to give a useful answer to the questions referred - Directives 92/50/EEC, 93/36/EEC and 93/37/EEC - National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts - Internal management structure - Conditions - The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments - The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it.

Case C-295/05.

Reports of Cases

2007 I-02999