Failure of a Member State to fulfil obligations Directive 93/38/EC Procurement in the water, energy, transport and telecommunications sectors Construction and bringing into operation of a thermal power station Conditions of admission to the tendering procedure
Sumário
Judgment of the Court (Third Chamber) of 18 July 2007.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Directive 93/38/EC - Procurement in the water, energy, transport and telecommunications sectors - Construction and bringing into operation of a thermal power station - Conditions of admission to the tendering procedure.
Case C-399/05.
Texto da decisão
Judgment of the Court (Third Chamber) of 18 July 2007 – Commission v Greece
(Case C‑399/05)
Failure of a Member State to fulfil obligations – Directive 93/38/EEC – Procurement in the water, energy, transport and telecommunications sectors – Construction and bringing into operation of a thermal power station – Conditions of admission to the tendering procedure
1. Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors – Directive 93/38 (Council Directive 93/38) (see para. 22)
2. Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors – Directive 93/38 (Council Directive 93/38) (see paras 28, 35, 45)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Article 4(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) – Admission of the tenders of two companies not meeting the conditions of the notice to tender or of the specification – Construction and bringing into operation of a thermal power station at Lavrio. |
Operative part
The Court:
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Dismisses the action. |
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Orders the Commission of the European Communities to pay the costs. |