Official Journal of the European Union

C 102/12

(Case C-74/09)

2009/C 102/19

Language of the case: French

Referring court

Parties to the main proceedings

Applicants: Bâtiments et Ponts Construction, Thyssenkrupp Industrieservice

Defendant: Berlaymont 2000

Questions referred

1.Is the obligation to hold a registration in order to be awarded a public contract in Belgium, such as that imposed by Article 1.G of the special conditions applicable in the present case, contrary to the principle of freedom of movement within the European Union and to the second paragraph of Article 24 of 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, if it had to be interpreted as permitting the Belgian contracting authority to exclude from the tender procedure a foreign contractor who does not hold a registration but has produced equivalent certificates from his national authorities?

2.Is it contrary to the principle of freedom of movement within the European Union and to the second paragraph of Article 24 of 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts to grant a Belgian contracting authority the power to require foreign tenderers to submit to a Belgian authority — the committee for the registration of contractors — for assessment of the validity of the certificates which have been issued to them by the tax and social security authorities of their State, attesting that they have fulfilled the obligations imposed on them relating to tax and social security?

(1) OJ 1993 L 199, p. 54.