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Document C2006/261/32

Case C-378/06: Reference for a preliminary ruling from the Conseil d'Etat (Belgium) lodged on 15 September 2006 — Clear Channel Belgium S.A. v City of Liège

OJ C 261, 28.10.2006, p. 17–17 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

28.10.2006   

EN

Official Journal of the European Union

C 261/17

Reference for a preliminary ruling from the Conseil d'Etat (Belgium) lodged on 15 September 2006 — Clear Channel Belgium S.A. v City of Liège

(Case C-378/06)

(2006/C 261/32)

Language of the case: French

Referring court

Conseil d'Etat (Belgium)

Parties to the main proceedings

Applicant: Clear Channel Belgium S.A.

Defendant: City of Liège

Intervener: J.-C. Decaux Belgium S.A.

Questions referred

1.

Does a contract classified as a ‘licence in respect of public land’ exclude the application of Council Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, where, notwithstanding the award by the municipal authority to the contractor of the exclusive right to exploit for profit advertising space on street furniture supplied to the municipal authority, the contract requires the contractor to supply a number of services for the benefit of the authority (provision of street furniture, and of space for municipal posters)?

2.

Where there is no price in the classic sense of that term, may the valuable consideration for the services supplied to the municipal authority consist in the waiver by the authority of advertising revenue from which the financial payments and contributions in kind and display fees provided for in the contract are, as in this case, to be deducted?

3.

Does the principal or ancillary nature of the various obligations provided for in the contract have any relevance to the application of the aforementioned directive?

(1)  OJ L 209, 24.07.1992, p. 1.

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