# C_2009113EN.01000301.xml

| 16.5.2009 | EN | Official Journal of the European Union | C 113/3 |
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16.5.2009

EN

Official Journal of the European Union

C 113/3

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Judgment of the Court (Fourth Chamber) of 19 March 2009 — Commission of the European Communities v Hellenic Republic

(Case C-489/06) (1)

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(Failure of a Member State to fulfil obligations - Directives 93/36/EEC and 93/42/EEC - Public contracts - Procedures for the award of public supply contracts - Hospital supplies)

2009/C 113/04

Language of the case: Greek

Parties

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia and X. Lewis, acting as Agents)

Applicant:

Defendant: Hellenic Republic (represented by: D. Tsagkaraki and S. Chala, acting as Agents)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 8(2) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and of Articles 17 and 18 of Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (OJ 1993 L 169, p. 1) — Rejection of medical devices, in the context of calls for tenders for supplies to public hospitals in Greece, on grounds relating to the ‘general sufficiency and safety of use’ of the devices, notwithstanding their certification with the CE marking, and without, in any event, the procedure provided for in Directive 93/42/EEC being followed

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by rejecting tenders in respect of medical devices bearing the CE certification marking, without the competent contracting authorities of Greek hospitals having complied with the procedure provided for in Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, the Hellenic Republic has failed to fulfil its obligations under Article 8(2) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, and Articles 17 and 18 of Directive 93/42, as amended by Regulation No 1882/2003; |
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1.

Declares that, by rejecting tenders in respect of medical devices bearing the CE certification marking, without the competent contracting authorities of Greek hospitals having complied with the procedure provided for in Council Directive 93/42/EEC of 14 June 1993 concerning medical devices, as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003, the Hellenic Republic has failed to fulfil its obligations under Article 8(2) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001, and Articles 17 and 18 of Directive 93/42, as amended by Regulation No 1882/2003;

| 2. | Orders the Hellenic Republic to pay the costs. |
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2.

Orders the Hellenic Republic to pay the costs.

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(1)  OJ C 326, 30.12.2006.

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