CELEX: 62006CJ0217
Failure of Member State to fulfil obligations
Public works contracts
Directive 71/305/EEC
Meaning and definition of a public works contract
Failure which has produced all its effects

Failure of Member State to fulfil obligations – Infringement of Articles 3 and 12 of Council Directive 71/305/EEC of 26 July
1971 concerning the co-ordination of procedures for the award of public works contracts (OJ 1971 L 185, p. 5) – Award, after
private negotiation and without publication of a notice of invitation to tender, of a works contract for the performance of
works specified in resolution No 48 of the Municipal Council of Stintino of 14 December 1989, in particular: ‘the design and
execution of works relating to the technical and structural modernisation, maintenance and completion of the water supply
and drainage networks, the road network, and structures and facilities serving the centre of population, the external villages
and the tourist zones of the territory of the commune of Stintino, and including the cleaning and decontamination of the coast
and tourist centres of that commune’.
Operative part
The Court:

Declares that by allowing execution of at least one of the operations entrusted by the commune of Stintino to the company
Maresar Soc. Cons arl under the Agreement No 7/91 signed on 2 October 1991 and additional measures subsequently agreed by
the same parties, the Italian Republic has failed to fulfil its obligations under Council Directive 71/305/EEC of 26 July
1971 concerning the co-ordination of procedures for the award of public works contracts, and in particular Articles 3 and
12 thereof;

Orders the Italian Republic to pay the costs.