CELEX: 62007CJ0437
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

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.