# C_2006010EN.01000801.xml

| 14.1.2006 | EN | Official Journal of the European Union | C 10/8 |
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14.1.2006

EN

Official Journal of the European Union

C 10/8

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Action brought on 7 October 2005 by the Commission of the European Communities against the Italian Republic

(Case C-371/05)

(2006/C 10/17)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 7 October 2005 by the Commission of the European Communities, represented by X. Lewis and L. Visaggio, acting as Agents.

The applicant claims that the Court should:

| — | Declare that by virtue of the fact that the Comune di Mantova awarded, directly and without prior publication of the appropriate contract notice in the Official Journal of the European Communities, the contract for the management, maintenance and development of the in-house IT services to the company A.S.I. S.p.A., the Italian Republic has failed to fulfil its obligations under Directive 92/50/EEC, in particular Articles 11 and 15(2) thereof; |
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Declare that by virtue of the fact that the Comune di Mantova awarded, directly and without prior publication of the appropriate contract notice in the Official Journal of the European Communities, the contract for the management, maintenance and development of the in-house IT services to the company A.S.I. S.p.A., the Italian Republic has failed to fulfil its obligations under Directive 92/50/EEC, in particular Articles 11 and 15(2) thereof;

Official Journal of the European Communities

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

Pleas in law and main arguments

| 1. | Following a complaint, the Commission became aware of the contract concluded on 2 December 1997, by which the Comune di Mantova (municipality of Mantova) awarded, directly and without prior publication of the appropriate contract notice, the contract for the management, maintenance and development of its in-house IT services to a company in which it holds an interest, Azienda Servizi Informativi (‘A.S.I.’) S.p.A. The award was for a period of 15 years, ending on 31 December 2012. |
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1.

Following a complaint, the Commission became aware of the contract concluded on 2 December 1997, by which the Comune di Mantova (municipality of Mantova) awarded, directly and without prior publication of the appropriate contract notice, the contract for the management, maintenance and development of its in-house IT services to a company in which it holds an interest, Azienda Servizi Informativi (‘A.S.I.’) S.p.A. The award was for a period of 15 years, ending on 31 December 2012.

| 2. | The Commission takes the view that the award to the company A.S.I. S.p.A. of the contract for the Comune di Mantova's IT services constitutes a public service contract subject to the application of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts. (1) For that reason in was necessary in this case to follow the competition procedure in accordance with the provisions of that directive, in particular the publication of the appropriate contract notice in the Official Journal of the European Communities within the meaning of Article 11 and Article 15(2) of that directive. |
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2.

The Commission takes the view that the award to the company A.S.I. S.p.A. of the contract for the Comune di Mantova's IT services constitutes a public service contract subject to the application of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts. (1) For that reason in was necessary in this case to follow the competition procedure in accordance with the provisions of that directive, in particular the publication of the appropriate contract notice in the Official Journal of the European Communities within the meaning of Article 11 and Article 15(2) of that directive.

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Official Journal of the European Communities

| 3. | Moreover, according to the applicant, the Italian authorities did not provide sufficient information to allow it to be considered that, given the overall arrangement of the legal relationships existing between the Comune and the company which received the contract, as well as the activities of that company, the awarding of the contract in question here relates solely to in-house providing and is therefore outside the scope of application of the Community directives governing the award of public contracts. |
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3.

Moreover, according to the applicant, the Italian authorities did not provide sufficient information to allow it to be considered that, given the overall arrangement of the legal relationships existing between the Comune and the company which received the contract, as well as the activities of that company, the awarding of the contract in question here relates solely to in-house providing and is therefore outside the scope of application of the Community directives governing the award of public contracts.

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(1)  OJ L 209, p. 1.

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