CELEX: 62009CJ0251
Public works contracts and supply contracts
Water, energy, transport and telecommunications sectors
Directive 93/38/EEC
Contract notice
Award criteria
Equal treatment of tenderers
Principle of transparency
Directive 92/13/EEC
Review procedure
Requirement to state reasons for a decision to eliminate a tenderer

Failure of a Member State to fulfil obligations – Infringement of Articles 4(2) and 31(1) of Council Directive 93/38/EEC of
14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications
sectors (OJ 1993 L 199, p. 84) – Infringement of Article 1(1) of Council Directive 92/13/EEC of 25 February 1992 coordinating
the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures
of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) – Requirement to
state reasons for a decision to eliminate a tenderer – Requirement to ensure that decisions taken by the contracting authorities
may be reviewed effectively and as rapidly as possible – Principles of equal treatment and transparency.
Operative part
The Court:
1.
Dismisses the action;
2.
Order the European Commission to pay the costs.