On 18 January 2007, the European Court of Justice gave its preliminary ruling on a case referred from a French court (Auroux, C-220/05) in which it held that an agreement between two contracting authorities for carrying out the development of a leisure centre constitutes a “public works contract” within the definition of the Public Works Directive (93/37/EEC), regardless of whether it is clear that the contracting authority which enters into the contract will become the owner of all or part of the work. In terms of calculating the value of the contract, it was necessary to take into account not only the value of the amounts to be paid by the contracting authority, but also all revenue accrued from third parties. The Court considered that the contracting authority was not exempt from going out to tender by virtue of the fact that, under national law, the legal person with whom they contracted would themselves have to tender the construction sub-contracts in accordance with the public procurement rules.