26.2.2011
EN
Official Journal of the European Union
C 63/4
Judgment of the Court (Third Chamber) of 22 December 2010 (reference for a preliminary ruling from the Markkinaoikeus — Finland) — Mehiläinen Oy, Terveystalo Healthcare Oy, formerly Suomen Terveystalo Oyj v Oulun kaupunki
(Case C-215/09) (1)
(Public service contracts - Directive 2004/18/EC - Mixed contract - Contract concluded between a contracting authority and a private company independent of it - Establishment, on an equal basis, of a joint venture to provide health care services - Undertaking by the partners to purchase health care services for their staff from the joint venture for a transitional period of four years)
2011/C 63/07
Language of the case: Finnish
Referring court
Markkinaoikeus
Parties to the main proceedings
Applicants: Mehiläinen Oy, Terveystalo Healthcare Oy, formerly Suomen Terveystalo Oyj
Defendant: Oulun kaupunki
Re:
Reference for a preliminary ruling — Markkinaoikeus — Interpretation of Article 1(2)(a) and (d) 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 (OJ 2004 L 134, p. 114) — Agreement between a municipality and an independent private company for the establishment of a joint undertaking, belonging to them in equal shares, to which their respective occupational health and wellbeing activities are transferred — Agreement by which the municipality and the private company commit themselves to acquiring from the new joint undertaking, during a transitional period, occupational health and wellbeing services for their own employees
Operative part of the judgment
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 must be interpreted as meaning that, where a contracting authority concludes with a private company independent of it a contract establishing a joint venture in the form of a share company, the purpose of which is to provide occupational health care and welfare services, the award by the contracting authority of the contract relating to the services for its own staff, the value of which exceeds the threshold laid down by that directive, and which is severable from the contract establishing that company, must be made in accordance with the provisions of that directive applicable to the services in Annex II B thereof.
(1) OJ C 193, 15.08.2009.
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