Judgment_paragraph 15 · Holst Italia SpA v Comune di Cagliari, intervener: Ruhrwasser AG International Water Management (C-176/98)

15According to the Tribunale, although the Court accepted, in its judgments in Case C-389/92 Ballast Nedam Groep ν Belgian State [1994] ECR I-1289 {‘Ballast Nedam Groep ’) and Case C-5/97 Ballast Nedam Groep v Belgian State [1997] ECR I-7549 {‘Ballast Nedam Groep II’) that an undertaking may prove that it has the necessary standing by furnishing references in respect of other companies within the same group, the situation at issue in those judgments is to be distinguished from that in the present case, inasmuch as, first, it concerned public works contracts governed by Council Directive 71/304/EEC of 26 July 1971 concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches (OJ, English Special Edition 1971 (II), p. 678) and Council Directive 71/305/EEC of 26 July 1971 concerning the co-ordination of procedures for the award of public works contracts (OJ, English Special Edition 1971 (II), p. 682), and not public service contracts, and, second, the company concerned in Ballast Nedam Groep I and Ballast Nedam Groep II, unlike Ruhrwasser, enjoyed a dominant position within the group of companies which, it claimed, had the requisite standing as the parent company of its subsidiaries.

Holst Italia SpA v Comune di Cagliari, intervener: Ruhrwasser AG International Water Management (C-176/98)

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