Judgment_paragraph 34 · Connect Austria Gesellschaft für Telekommunikation GmbH v Telekom-Control-Kommission, and Mobilkom Austria AG (C-462/99)

34The Commission states that Article 5a(3) of Directive 90/387 has the same wording as Article 1(1) 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), as amended by 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). Both those provisions require Member States to establish bodies which are independent of the authorities vested with powers of decision, to which injured parties can appeal for the purpose of obtaining review of the decisions taken by those authorities. Therefore, the Commission proposes that the Court should rely on the case-law concerning review procedures for the award of public contracts (see Dorsch Consult; Case C-76/97 Tögel [1998] ECR I-5357; and Case C- 111/97 EvoBus Austria [1998] ECR I-5411) in order to answer the first question referred for a preliminary ruling.

Connect Austria Gesellschaft für Telekommunikation GmbH v Telekom-Control-Kommission, and Mobilkom Austria AG (C-462/99)

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