# C_2006178EN.01002101.xml

| 29.7.2006 | EN | Official Journal of the European Union | C 178/21 |
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29.7.2006

EN

Official Journal of the European Union

C 178/21

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Action brought on 12 May 2006 — Commission of the European Communities v Italian Republic

(Case C-217/06)

(2006/C 178/33)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: X. Lewis, agent, M. Mollica, lawyer)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

| — | Declare that, as the commune of Stintino awarded directly to Maresar, through Agreement No 7/91 of 2 October 1991 and connected measures, a public works contract concerning the execution of the works mentioned in Resolution No 48 of the municipal council of Stintino of 14 December 1989, particularly the 'detailed design and construction of the works for the technological and structural adaptation, rehauling and completion of the water supply and drainage networks, the road network, the buildings and service facilities in the town centre, the tourist areas in and outside the territory of the commune of Stintino, including the clean-up and depollution of the coast and the tourist centres situated in that commune', without following the procedures laid down by Council Directive 71/305/EEC (1) and, in particular, without publishing a notice of invitation to tender in the Official Journal of the European Communities, the Commission of the European Communities considers that the Italian Republic has failed to fulfil its obligations under Council Directive 71/305/EEC, which co-ordinates the procedures for the award of public works contracts, in particular under Articles 3 and 12 thereof. |
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Declare that, as the commune of Stintino awarded directly to Maresar, through Agreement No 7/91 of 2 October 1991 and connected measures, a public works contract concerning the execution of the works mentioned in Resolution No 48 of the municipal council of Stintino of 14 December 1989, particularly the 'detailed design and construction of the works for the technological and structural adaptation, rehauling and completion of the water supply and drainage networks, the road network, the buildings and service facilities in the town centre, the tourist areas in and outside the territory of the commune of Stintino, including the clean-up and depollution of the coast and the tourist centres situated in that commune', without following the procedures laid down by Council Directive 71/305/EEC (1) and, in particular, without publishing a notice of invitation to tender in the Official Journal of the European Communities, the Commission of the European Communities considers that the Italian Republic has failed to fulfil its obligations under Council Directive 71/305/EEC, which co-ordinates the procedures for the award of public works contracts, in particular under Articles 3 and 12 thereof.

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| — | Order the Italian Republic to pay the costs of the proceedings. |
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Order the Italian Republic to pay the costs of the proceedings.

Pleas in law and main arguments

The Commission considers that the Agreement of 2 October 1991 between the commune of Stintino and Maresar is a public works contract under Community law. The said contract, the subject of which is works with a value (around EUR 16 million) clearly greater than the threshold for the application of the Directive, which was in force at that time, should have been awarded in accordance with the rules laid down by that Directive.

As regards the Italian authority's arguments put forward to justify their non-fulfilment, the Commission recalls that, in accordance with settled case-law, a Member State cannot rely on internal difficulties to justify failure to fulfil obligations derived from Community law.

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(1)  OJ L 185, p. 5.

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