Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Public procurement Directive 2005/51/EC Procedures for the award of contracts
Sumário
Judgment of the Court (Seventh Chamber) of 18 December 2007.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedures for the award of contracts - Failure to transpose within the prescribed period.
Case C-284/07.
Texto da decisão
Judgment of the Court (Seventh Chamber) of 18 December 2007 – Commission v Portugal
(Case C‑284/07)
Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedures for the award of contracts – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and of the Council on public procurement (OJ 2005 L 257, p. 127). |
Operative part
The Court
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Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and of the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under that directive; |
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Orders the Portuguese Republic to pay the costs. |