1. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Important Case law of the European Court of Justice by Jens Fejö Professor, Law department, Copenhagen Business School Member of the Danish Complaints Board for Public Procurement Member of the Danish Competition Appeals Tribunal

2. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Outline l The status of the European Court of Justice (ECJ) l Enforcement before the ECJ l The ECJ on enforcement in the national systems in the Member States (MS) l Some Comments Jens Fejø

3. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU The Status of the European Court of Justice (ECJ) l Important and creative institution in the European Union, 27 judges, GA. l Guardian of fundamental principles, such as Direct Effect of Community Law –Treaty provisions –Secondary legislation Supremacy of Community Law Equal Treatment Human Rights Jens Fejø

4. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU The Status of the European Court of Justice (ECJ) (continued) l Judgments appear as taken in unanimity l Different ways of access to the ECJ Direct cases (against MS) Preliminary judgments –From lower national Courts in the MS –From national last instance Courts –From national PP Complaints Bords l No direct access for persons or enter- prises, unless subject to decisions et. al. Jens Fejø

5. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Enforcement before the ECJ The European Commission may bring matters before the ECJ against a MS for violating the MS´s obligations in relation to EU rules Treaty provisions Provision from secondary legislation, e.g. directives, e.g. –Hellenic Republic, Case C-236/95 & C-394/02 & C-74/94 –Austria, case C-328/96 –Spain, case C-283/00 & C-214/00 –Germany, case C503/04 & C-20/01 & C-433/93 –Ireland, case C-353796 –The Netherlands, case C-359/93 –Belgium, case C-87/94 R Jens Fejø

6. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Enforcement before the ECJ l The ECJ may answer questions e.g. on substantive matters relating to Public Procurement Examples from practice –Beentjes, case 31/87 –Mousten Vestergaard, case 59/00 –Agora, case C-223/99 and C-260/99 –EVN v Wienstrom, case C-448/01 –Coname, case 231/03 –Stadt Halle, case 26/03 Jens Fejø

7. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Enforcement before the ECJ l The ECJ may answer questions on procedural matters relating to Public Procurement Examples from practice –Tögel, case C-76/97 –Köllensperger, case C-103/97 –Hospital Ingenieure v Landeskrankenanstalten- Betriebsgesellschaft, case C-258/97 –Alcatel Austria, case C-81/98 –Hospital Ingenieure v Stadt Wien, case C-92/00 Jens Fejø

8. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU The ECJ on enforcement in the national systems in the Member States (MS) l ECJ may impose consequences not permitted under national systems Suspension of contracts Germany-case, case C-503/04 shows move away from national autonomy in remedies Even where autonomy still exists under national law for remedies on suppliers the ECJ may regulate Jens Fejø

9. © OECD A joint initiative of the OECD and the European Union, principally financed by the EU Some Comments