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C 112/8 EN Official Journal of the European Union 10.5.

2003

Does an agreement to amend an existing public supply Reference for a preliminary ruling by the Landesgericht
contract, to the effect that different goods are to be supplied für Zivilrechtssachen Wien by order of that Court of
from those originally agreed, constitute a public supply 29 January 2003 in the case of Austroplant-Arzneimittel
contract for the purposes of Article 1(a) of Council Directive GesmbH against Austrian Republic
93/36/EEC ( 1) of 14 June 1993 coordinating procedures for
the award of public supply contracts (‘Directive 93/36’) in
respect of which an invitation to tender must be issued where:
(Case C-54/03)
1. the value of the goods to which the amendment relates
exceeds the de minimis amount referred to in
Article 5(1)(a) of Directive 93/36 and (2003/C 112/15)

2. as regards the goods affected by the amendment, the


amendment changes both the supplier and, in a material
way, the specification of those goods?

Reference has been made to the Court of Justice of the


( 1) OJ L 199 of 9.8.1993, p. 1. European Communities by order of the Landesgericht für
Zivilrechtssachen Wien (Vienna Regional Civil Court) of
29 January 2003, received at the Court Registry on 11 February
2003, for a preliminary ruling in the case of Austroplant-
Arzneimittel GesmbH against Austrian Republic on the follow-
ing questions:

1. Is Council Directive 89/105/EEC of 21 December 1998


relating to the transparency of measures regulating the
Reference for a preliminary ruling by the Amtsgericht prices of medicinal products for human use and their
Löbau by order of that Court of 21 October 2002 in the inclusion in the scope of national health insurance
criminal proceedings against Nicoleta Maria Georgescu systems (OJ 1989 L 40, 8), apart from the remedy already
criticised in the Court’s judgment of 27 November 2001
in Case C-424/99 ( 1), to be interpreted as meaning that
(Case C-51/03) the national provisions set out below are incompatible
therewith?

(2003/C 112/14) The national implementing provisions concerned are


Paragraph 31(3)(12) ASVG in the version published in
BGBl I 99/2001 and the Procedure for the compilation
of the register of medicinal products under Para-
graph 31(3)(12) ASVG (VOHMV), Soziale Sicherheit 11/
Reference has been made to the Court of Justice of the 1998, Amtliche Verlautbarung No 104/1998.
European Communities by order of the Amtsgericht Löbau
(Local Court, Löbau) of 21 October 2002, received at the
Court Registry on 10 February 2003, for a preliminary ruling 2. If Question 1 is answered in the affirmative:
in the criminal proceedings against Nicoleta Maria Georgescu
on the following question on the following point of interpret-
Is Council Directive 89/105/EEC of 21 December 1998
ation of Council Regulation (EC) No 539/2001 of 15 March
relating to the transparency of measures regulating the
2001 (1):
prices of medicinal products for human use and their
inclusion in the scope of national health insurance
systems so precise, clear and definite that the national
Must Article 1(2) in conjunction with Article 8(2) and Annex II legislator has no scope for discretion when transposing it
of the above regulation be interpreted as meaning that as from into national law?
the entry into force of that regulation Romanian nationals
now only for a specified time require a visa for entry and stay
in Member States of the European Community for a period 3. If Question 2 is answered in the affirmative:
not exceeding three months?
Is Council Directive 89/105/EEC of 21 December 1998
relating to the transparency of measures regulating the
( 1) OJ L 81 of 21.3.2001, p. 1. prices of medicinal products for human use and their
inclusion in the scope of national health insurance
systems intended to confer a direct right on the applicant
in the proceedings in the main case in this instance?