“Sentencia.” C PDDH (Procuraduría para la Defensa de los Derechos Humanos). “Procurador felicita a Equipo Argentino de Antropología. (Comentario a la sentencia del Tribunal de Justicia de las Comunidades Europeas de . Under Article 2(1)(a) of Directive 89/ on the coordination of the laws, As the Court stated in Case C/98 Alcatel Austria and Others  ECR. (a) The need for a proportionality test Similar to the situation in the case of immunities, here 1 BvR /66, in BVerfGE, 30, p. de ) by the Colombian Constitutional Court, see Sentencia C/, Expediente D for a 'good faith' prosecution, see Méndez, 'Right to Truth', in Joyner, Impunity , pp.
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An entity's private law status does not constitute a criterion for precluding it from being classified as a contracting authority within the meaning of that article, since the application of sentencia c 665 de 1998 directives to an entity which fulfils the three sentencia c 665 de 1998 conditions set out therein, according to which it must be a body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, which has legal personality and is closely dependent on the State, regional or local authorities or other bodies governed by public law, cannot be excluded solely on the basis of the fact that, under the national law to which it is subject, its legal form and rules which govern it fall within the scope of private law.
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That directive seeks to ensure that adequate procedures exist in all the Member States to permit the setting aside of decisions taken by contracting authorities in infringement of Community law on the award of public contracts or of national rules transposing that law, and also the compensating of persons names by such an infringement, and the review procedures to which it refers must be conducted sentencia c 665 de 1998 and as rapidly as possible and must be available to any person having or having had an interest in obtaining a particular public contract and who has been or risks being harmed by an alleged infringement.
Sentencia c 665 de 1998 Jordana, acting as Agent, with an address for service in Luxembourg, applicant, v Kingdom of Spain, represented by S.
sentencia c 665 de 1998 Schintgen, acting for the President of the Sixth Chamber, V. Skouris RapporteurF. Cunha Rodrigues, Judges, Advocate General: The Member States shall ensure that the review procedures are available, under detailed rules which the Member States may establish, at least to any person having or having had an interest in obtaining a particular public supply or public works contract and who has been or risks being harmed by an alleged infringement The Member States shall ensure that the measures taken concerning the review procedures specified in Article 1 include provision for the powers to: Review procedures need not in themselves have an automatic suspensive effect on the contract award procedures to which they relate.
The Member States may provide that, when considering whether to order interim measures, the body responsible may take into account the probable consequences of the measures for all interests likely to be harmed, as well as the public interest, and may decide not to grant such sentencia c 665 de 1998 where their negative consequences could exceed their benefits.
A decision not to grant interim measures shall not prejudice any other claim of the person seeking these measures. Body governed by public law means any body: For the purpose of this Directive: A body is considered to be governed by public law where it: A dominant influence on the part sentencia c 665 de 1998 the public authorities shall be presumed when these authorities, directly or indirectly, in relation to an undertaking: Article 1 3 provides: This law shall also apply in every case to the awarding of contracts by autonomous bodies and by other bodies governed by public law having legal personality and connected with or under the control of a public authority, which fulfil the following criteria: Commercial companies in which public authorities or their autonomous bodies, or bodies governed by public law, hold, directly or indirectly, a majority shareholding, shall, when awarding contracts, comply with the advertising and competition rules, unless the nature of the operation to be carried out sentencia c 665 de 1998 incompatible with those rules.
Administrative appeal proceedings are admissible in respect of provisions of a general nature and express and implicit measures, whether definitive or procedural, adopted by the public authority which bring an end to the administrative procedure, if they decide, directly or indirectly, the substantive issues, render it impossible to continue the procedure, render it impossible to conduct a defence, or cause irreparable harm to legitimate rights or interests.
Unless otherwise provided, the lodging of an appeal will not suspend the operation of the contested measure.
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Notwithstanding the provisions of the previous paragraph, the body responsible for carrying out review may, having weighed up the harm which suspension would cause to the public interest or third parties as against the harm caused to the applicant by the immediate implementation of the contested measure, and given adequate reasons, suspend operation of the contested measure, on its own initiative or at the request of the applicant, in one of the following circumstances: If the competent body has not given an express decision on the application for suspension of operation of the contested measure within a period of thirty days from the date on which the application was entered in the case-list, suspension will be deemed to have been granted.
The parties concerned may request, at any stage of the proceedings, the adoption of any measures to ensure the effectiveness of the judgment to be given. In the circumstances referred to in Articles 29 and 30, a protective measure shall be adopted, unless it is evident that the criteria laid down in those articles are not fulfilled or that the measure will seriously affect the general interest or the interests of third parties, which the court shall assess in detail.
In the circumstances mentioned in the previous paragraph, measures may also be applied for before the appeal is sentencia c 665 de 1998, and the application shall be examined in accordance with the provisions of the previous article.
In that event, the party concerned shall request confirmation of the measures when he lodges the appeal, which he is required to do within ten days from the date of notification of sentencia c 665 de 1998 adoption of the protective measures If no appeal ensues, the measures granted will be automatically void, and the applicant will be required to pay compensation for the damage caused by the protective measure.
As regards the two other points, it sentencia c 665 de 1998 the circumstances in which a procedural act may be subject to direct appeal and stressed the legal requirement that an appeal must be brought before an act may be suspended.
It states, in particular, that the functional interpretation of the term contracting authority and, accordingly, of the term body governed by public law adopted in the settled case-law of the Court of Justice implies that the latter term includes commercial companies under public control, provided, of course, that sentencia c 665 de 1998 fulfil the conditions laid down in the second subparagraph of Article 1 b of the aforementioned directives; the legal form of the bodies concerned is irrelevant.