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Case C-570/08: Judgment of the Court (Third Chamber) of 21 October 2010 (reference for a preliminary ruling from the Anotato Dikastirio tis Kipriakis Dimokratias (Cyprus)) — Simvoulio Apokhetefseon Lefkosias v Anatheoritiki Arkhi Prosforon (Public contracts — Directive 89/665/EEC — Article 2(8) — Body responsible for review procedures that is not judicial in character — Annulment of the contracting authority’s decision to accept a tender — Possibility for the contracting authority to appeal against that annulment before a judicial body)
ECLI:EU:UNKNOWN:62008CA0570
62008CA0570
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Valentina R., lawyer
18.12.2010
Official Journal of the European Union
C 346/8
(Case C-570/08) (<span class="super">1</span>)
(Public contracts - Directive 89/665/EEC - Article 2(8) - Body responsible for review procedures that is not judicial in character - Annulment of the contracting authority’s decision to accept a tender - Possibility for the contracting authority to appeal against that annulment before a judicial body)
2010/C 346/12
Language of the case: Greek
Referring court
Parties to the main proceedings
Applicant: Simvoulio Apokhetefseon Lefkosias
Defendant: Anatheoritiki Arkhi Prosforon
Re:
Reference for a preliminary ruling — Anotato Dikastirio Kiprou (Cyprus) — Interpretation of Article 2(8) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33) — Right of a contracting authority to judicial review of decisions of a responsible body, within the meaning of that provision, which is not judicial in character
Operative part of the judgment
Article 2(8) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, as amended by Council Directive 92/50/EEC of 18 June 1992, must be interpreted as not requiring the Member States to provide, also for contracting authorities, a right to seek judicial review of the decisions of non-judicial bodies responsible for review procedures concerning the award of public contracts. However, that provision does not prevent the Member States from providing, in their legal systems, such a review procedure in favour of contracting authorities.
* * *
(<span class="super">1</span>) OJ C 55, 7.3.2009.