CELEX: 62006CJ0481
Failure of a Member State to fulfil obligations
Public procurement
Infringement of Article 6(3) of Directive 93/36/EC
General principles of the Treaty
Principle of equal treatment and obligation of transparency
National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment

Failure of a Member State to fulfil obligations – Infringement of Article 6(3) of Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and of the obligation to ensure effective
and fair competition – National provision placing all material for medical use into categories and setting a specific maximum
price for each category – Provision forming part of a legislative framework which allows use of the negotiated procedure for
public supply contracts in respect of whole groups of products of that nature which are not comparable.
Operative part
The Court:

Declares that, by retaining in force Article 7(2) of Law 2955/2001 relating to the ‘Supplies of hospitals and other health
units of regional health and pension schemes and other provisions’ and Joint Ministerial Decisions DY6a/oik.38611 and DY6a/oik.38609
of 12 April 2005, the Hellenic Republic has failed to fulfil its obligations under Article 6(3) of Council Directive 93/36/EEC
of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by Commission Directive 2001/78/EC
of 13 September 2001 and has infringed general principles of the Treaty, in particular equal treatment and the obligation
of transparency;

Orders the Hellenic Republic to pay the costs.