CELEX: 62007CJ0292
Failure of a Member State to fulfil obligations
Public procurement
Directive 2004/18/EC
Procedures for the award of public works contracts, public supply contracts and public service contracts
Incorrect or incomplete transposition
Failure to transpose within the prescribed period

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary
to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of
procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p.
114).
Operative part
The Court:
1.
Declares that by failing to adopt the laws, regulations and administrative provisions necessary to transpose or to transpose
completely and/or correctly Article 1(2)(b), in conjunction with Annex I; the second sentence of Article 9(1); Article 9(8)(a)(i)
and (iii); Article 23(2); Article 30(2) to (4); Article 31(1)(c); Article 38(1); point (d) of the first paragraph of Article
43; the second subparagraph of Article 44(2); Article 44(3) and (4); the first paragraph of Article 46; Article 48(2)(f);
points (d) and (e) of the second subparagraph of Article 55(1); Article 55(3); the second and third subparagraphs of Article
67(2); the first paragraph of point (a) of Article 68; Article 72, and Article 74(1) of Directive 2004/18/EC of the European
Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts,
public supply contracts and public service contracts, as amended by Commission Regulation (EC) No 2083/2005 of 19 December
2005, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.
Dismisses the action as to the remainder;
3.
Orders the Kingdom of Belgium to pay the costs.