# C_2006022EN.01000401.xml

| 28.1.2006 | EN | Official Journal of the European Union | C 22/4 |
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28.1.2006

EN

Official Journal of the European Union

C 22/4

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Action brought on 20 October 2005 by the Commission of the European Communities against the Italian Republic

(Case C-382/05)

(2006/C 22/07)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 20 October 2005 by the Commission of the European Communities, represented by A. Aresu and X. Lewis, acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

| 1. | declare that, by reason of the fact that the Presidenza del Consiglio dei Ministri (Prime Minister's Office) — Dipartimento per la protezione civile (Department of Civil Defence) — Ufficio del Commissario delegato (Office of the Deputy Government official) responsible for waste emergency and water protection in Sicily initiated the procedure for the award of contracts for the use of residual municipal waste, remaining after separately collected waste, produced in the municipal areas of the Region of Sicily, and concluded such contracts but failed to apply the procedures laid down by Council Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and, in particular, failed to publish the appropriate contract notice in the Official Journal of the European Union, the Italian Republic failed to fulfil its obligations under that directive and, in particular, under Articles 11, 15 and 17 of that directive; |
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1.

declare that, by reason of the fact that the Presidenza del Consiglio dei Ministri (Prime Minister's Office) — Dipartimento per la protezione civile (Department of Civil Defence) — Ufficio del Commissario delegato (Office of the Deputy Government official) responsible for waste emergency and water protection in Sicily initiated the procedure for the award of contracts for the use of residual municipal waste, remaining after separately collected waste, produced in the municipal areas of the Region of Sicily, and concluded such contracts but failed to apply the procedures laid down by Council Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and, in particular, failed to publish the appropriate contract notice in the Official Journal of the European Union, the Italian Republic failed to fulfil its obligations under that directive and, in particular, under Articles 11, 15 and 17 of that directive;

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| 2. | order the Italian Republic to pay the costs. |
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2.

order the Italian Republic to pay the costs.

Pleas in law and main arguments

According to the Commission, an examination of the documents relating to the award of the contracts at issue leads to the conclusion that they are to be classified as public service contracts governed by Directive 92/50/EEC.

It follows that those contracts should have been awarded in compliance with the rules on advertising and participation laid down in Titles III and IV of that directive and, in particular, following publication in the O.J.E.U of the contract notice required by Articles 15 and 17 of the directive and in accordance with the procedures set out in Article 11.

In the present case, the notice published on behalf of the Commissario delegato cannot be regarded as adequately fulfilling the advertising requirements laid down by the above-mentioned provisions. Not only does the model contract notice used for the advertisement refer to what is called the ‘prior information’ procedure and not to the award of contracts, but, more importantly, the information set out in the notice is clearly inadequate when compared with the information that must be included in accordance with the model contract notice set out in the Annexes to Directive 92/50/EEC, as most recently amended by Directive 2001/78/EC.

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(1)  O J 1992 L 209 p. 1

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