EU & Human Rights

EVN and Wienstrom (Law relating to undertakings)

[2003] EUECJ C44801Court of Justice of the European Union (including the General Court)2003

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(Directive 93/36/EEC - Public supply contracts - Concept of the most economically advantageous tender - Award criterion giving preference to electricity produced from renewable energy sources - Directive 89/665/EEC - Public procurement review proceedings - Unlawful decisions - Possibility of annulment only in the case of material influence on the outcome of the tender procedure - Illegality of an award criterion - Obligation to cancel the invitation to tender)

REFERENCE to the Court under Article 234 EC by the Bundesvergabeamt (Austria) for a preliminary ruling in the proceedings pending before that body between EVN AG, Wienstrom GmbH

Republik �sterreich, third parties: Stadtwerke Klagenfurt AG and K�rntner Elektrizit�ts-AG ,

composed of: V. Skouris (Rapporteur), acting for the President of the Sixth Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and N. Colneric, Judges, Advocate General: J. Mischo, Registrar: H.A. R�hl (Principal Administrator),

after considering the written observations submitted on behalf of: - EVN AG and Wienstrom GmbH, by M. �hler, Rechtsanwalt, - the Republik �sterreich, by A. Gerscha, Rechtsanwalt, - the Austrian Government, by M. Fruhmann, acting as Agent, - the Netherlands Government, by S. Terstal, acting as Agent, - the Swedish Government, by K. Renman, acting as Agent, - the Commission of the European Communities, by M. Nolin, acting as Agent, and T. Eilmansberger, Rechtsanwalt, having regard to the Report for the Hearing,

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