3.7.2010

Official Journal of the European Union

C 179/2

(Joined Cases C-145/08 and C-149/08) (1)

(Directive 92/50/EEC - Public service contracts - Service concessions - Mixed contract - Contract including the transfer of a block of shares in a public casino business - Contract under which the contracting authority entrusts to the contracting undertaking the management of a casino business and the execution of a development plan consisting in upgrading the casino premises and improving the surrounding area - Directive 89/665/EEC - Decision of the contracting authority - Effective and rapid remedies - National procedural law - Criteria for the award of damages - Prior annulment of the unlawful act or omission or a finding of its nullity by the competent court - Members of a consortium in a public procurement procedure - Decision adopted in the context of that procedure by an authority other than the contracting authority - Action brought, individually, by some members of the consortium - Admissibility)

(2010/C 179/02)

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicants: Club Hotel Loutraki AE, Athinaïki Techniki AE, Evangelos Marinakis

Defendants: Ethniko Simvoulio Radiotileorasis, Ipourgos Epikratias

Interveners in support of the defendants: Athens Resort Casino AE Simmetokhon, Ellaktor AE, formerly Elliniki Tekhnodomiki TEV AE, Regency Entertainment Psikhagogiki kai Touristiki AE, formerly Hyatt Regency Xenodokhiaki kai Touristiki (Ellas) AE, Leonidas Bompolas (C-145/08)

Applicant: Aktor Anonimi Tekhniki Etairia (Aktor ATE)

Defendant: Ethniko Simvoulio Radiotileorasis

Intervening party: Mikhaniki AE (C-149/08)

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias — Interpretation of Articles 3(2), 9, 14 and 16 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) — Scope — Mixed agreement involving a contract for the sale of shares and a service concession — Interpretation of Articles 1(3) and 2 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) — National legislation prohibiting members of a consortium without legal personality that has submitted a tender from bringing individually legal actions against acts falling within the procedure for award of the contract

Operative part of the judgment

(1)

OJ C 142, 7.6.2008.