# C_2006131EN.01003203.xml

| 3.6.2006 | EN | Official Journal of the European Union | C 131/32 |
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3.6.2006

EN

Official Journal of the European Union

C 131/32

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Action brought on 23 March 2006 — Commission of the European Communities v Italian Republic

(Case C-157/06)

(2006/C 131/61)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: X. Lewis and D. Recchia, Agents)

Applicant:

Defendant: Italian Republic

Defendant:

Form of order sought

| — | Declaration that, by adopting Decree No 558/A/04/03/RR of the Minister for the Interior of 11 July 2003, authorising the derogation from Community rules on public supply contracts in respect of the procurement of light helicopters for the use of police forces and the national fire service, without any of the conditions capable of justifying that derogation having been satisfied, the Italian Republic has failed to fulfil its obligations under the combined provisions of Articles 2(1)(b), 6 and 9 of Directive 93/36/EEC (1); |
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Declaration that, by adopting Decree No 558/A/04/03/RR of the Minister for the Interior of 11 July 2003, authorising the derogation from Community rules on public supply contracts in respect of the procurement of light helicopters for the use of police forces and the national fire service, without any of the conditions capable of justifying that derogation having been satisfied, the Italian Republic has failed to fulfil its obligations under the combined provisions of Articles 2(1)(b), 6 and 9 of Directive 93/36/EEC (1);

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

Pleas in law and main arguments

The Commission of the European Communities brought an action on 23 March 2006 in which it seeks a declaration that, by adopting the Decree of the Minister for the Interior of 11 July 2003 authorising the derogation from Community rules on public supply contracts in respect of the procurement of light helicopters for the use of police forces and the national fire service, without any of the conditions capable of justifying such a derogation having been satisfied, the Italian Republic has failed in its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, and in particular under Article 2(1)(b), in conjunction with Articles 6 and 9, thereof.

The Commission became aware of the existence of the aforementioned decree of the Minister for the Interior while preparing other infringement proceedings. The Commission submits that this decree is at variance with the above directive on public supply contracts in so far as none of the conditions set out in Article 2(1)(b) of Directive 93/36/EEC which, if met, may allow that directive not to be applied — that is to say, in the case of contracts which are declared secret or the execution of which must be accompanied by special security measures, or where the protection of the basic interests of the State's security so requires — has been satisfied.

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(1)  OJ L 199 of 09.08.1993, p. 1.

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