Failure of a Member State to fulfil obligations Design and construction of a municipal tramway Public works contract Award by means of a procedure for the award of a public works concession Infringement of Directive 93/37
Sumário
Judgment of the Court (Third Chamber) of 13 November 2008.
Commission of the European Communities v Italian Republic.
Failure of a Member State to fulfil obligations - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37.
Case C-437/07.
Texto da decisão
Judgment of the Court (Third Chamber) of 13 November 2008 – Commission v Italy
(Case C‑437/07)
Failure of a Member State to fulfil obligations – Design and construction of a municipal tramway – Public works contract – Award by means of a procedure for the award of a public works concession – Infringement of Directive 93/37
Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Scope (Council Directive 93/37) (see paras 29-38)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) – Infringement of the principles of transparency and non‑discrimination – Public works carried out by means of ‘project financing’. |
Operative part
The Court:
|
1. |
Declares that, in so far as the Comune di l’Aquila (Commune of Aquila) awarded a public works contract concerning the design and construction of a rubber-tyred tramway for public transport in that town by means of a procedure different from those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that directive; |
|
2. |
Orders the Italian Republic to pay the costs. |