15.8.2009 |
EN |
Official Journal of the European Union |
C 193/14 |
Reference for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 15 June 2009 — Mehiläinen Oy, Suomen Terveystalo Oyj v Oulun kaupunki
(Case C-215/09)
2009/C 193/19
Language of the case: Finnish
Referring court
Markkinaoikeus
Parties to the main proceedings
Applicants: Mehiläinen Oy, Suomen Terveystalo Oyj
Defendant: Oulun kaupunki
Questions referred
1. |
Is an arrangement by which a municipal contracting authority concludes with a private undertaking in the form of a company which is separate from it a contract establishing a new undertaking in the form of a share company, on an equal share basis both in terms of ownership and of power of control, from which the municipal contracting authority commits itself, when setting up the company, to purchasing occupational health and wellbeing services for its own staff, on an overall assessment, an arrangement which must be put out to tender, on the ground that the general contract is a contract for the procurement of services within the meaning of Directive 2004/18/EC of the European Parliament and of the Council on the coordination of procedures for the award of public supply contracts and public service contracts (1), or is the arrangement to be regarded as the establishment of a joint venture and the transfer of the business activity of a municipal enterprise to which that directive and the consequent obligation to put out to tender are not applicable? |
2. |
Should any significance in this case also be attached
|