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Case C-526/11: Reference for a preliminary ruling from the Oberlandesgericht Düsseldorf (Germany) lodged on 18 October 2011 — IVD GmbH & Co. KG v Ärztekammer Westfalen-Lippe
ECLI:EU:UNKNOWN:62011CN0526
62011CN0526
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28.1.2012
Official Journal of the European Union
C 25/28
(Case C-526/11)
(2012/C 25/48)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant and appellant: IVD GmbH & Co. KG
Defendant and respondent: Ärztekammer Westfalen-Lippe
Other party to the proceedings: WWF Druck + Medien GmbH
Question referred
Is a body governed by public law (here: professional association) within the meaning of the second paragraph of Article 1(9)(c) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1) ‘financed, for the most part, by the State …’ or is it subject to ‘management supervision’ by the State, if:
the body has the right by law to raise contributions from its members but does not set the amount of those contributions or the extent of the services to be financed thereby;
the fees regulations, however, require approval by the State?
(1) OJ 2010 L 134, p. 114.