Acórdão do Tribunal de Justiça da União Europeia
Processo C-119/06

Judgment of the Court (Third Chamber) of 29 November 2007 – Commission v Italy

(Case C‑119/06)

Failure of a Member State to fulfil obligations – Infringement of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts – Award of a contract without a call for tenders – Award of the contract for healthcare transport services in Tuscany

1. Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Scope (Council Directive 92/50) (see paras 34-52)

2. Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 EC) (see paras 57, 65-66)

3. Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Award of contracts (Arts 43 EC and 49 EC; Council Directive 92/50) (see paras 63-64)

Re:

Operative part