# C_2005115EN.01001502.xml

| 14.5.2005 | EN | Official Journal of the European Union | C 115/15 |
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14.5.2005

EN

Official Journal of the European Union

C 115/15

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Action brought on 15 March 2005 by the Commission of the European Communities against the Italian Republic

(Case C-123/05)

(2005/C 115/28)

Language of the case: Italian

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 15 March 2005 by the Commission of the European Communities, represented by X. Lewis and A. Aresu, members of the Commission's legal service.

The applicant claims that the Court should:

| 1. | declare that by adopting Article 44 of Law No 724 of 23 December 1994, amending Article 6(2) of Law No 573 of 24 December 1993 so as to permit the renewal of public service contracts to previous contract-holders, the Italian Republic has failed to fulfil its obligations under Articles 11, 15 and 17 of Council Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, and Articles 6 and 9 of Council Directive 93/36/EEC (2) of 14 June 1993 coordinating procedures for the award of public supply contracts, and Articles 43 EC and 49 EC; |
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1.

declare that by adopting Article 44 of Law No 724 of 23 December 1994, amending Article 6(2) of Law No 573 of 24 December 1993 so as to permit the renewal of public service contracts to previous contract-holders, the Italian Republic has failed to fulfil its obligations under Articles 11, 15 and 17 of Council Directive 92/50/EEC (1) of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, and Articles 6 and 9 of Council Directive 93/36/EEC (2) of 14 June 1993 coordinating procedures for the award of public supply contracts, and Articles 43 EC and 49 EC;

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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

The Commission has challenged Article 6(2) of Law No 537 of 1993 as amended by Article 44 of Law No 724 of 1994. In particular that provision prohibits the tacit renewal of public contracts for the supply of goods and services but also provides that ‘within three months of the expiry of the contracts the administration shall ascertain whether it is convenient and in the public interest for those contracts to be renewed and, if so, shall notify the contracting party of its willingness to renew the contract.’

The Commission submits that those provisions allow public bodies to award, directly and without any tendering procedure, new service and supply contracts which are thus awarded under procedures which do not comply with Community law. There is an infringement of the principles laid down by Directive 92/50/EEC and 93/36/EEC respectively on public service and supply contracts. Furthermore, those provisions infringe the principles of equality and transparency intended to ensure the freedoms of establishment and the supply of services under Articles 43 EC and 49 EC.

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(1)  OJ 1992 L 209 of 24.07.1992, p. 1.

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(2)  OJ 1993 L 199 of 09.08.1993, p. 1.

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