# C_2010161EN.01000302.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/3 |
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19.6.2010

EN

Official Journal of the European Union

C 161/3

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Judgment of the Court (Fourth Chamber) of 22 April 2010 — European Commission v Kingdom of Spain

(Case C-423/07) (1)

(Failure of a Member State to fulfil obligations - Directive 93/37/EEC - Articles 3 and 11 - Public works concession contracts - Obligations regarding advertising - Extent of the obligations - Contract notice - Description of the object of the concession and of the location of the works - Additional works not expressly set out in the contract notice or in the tender specifications - Principle of equal treatment)

(2010/C 161/04)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: D. Kukovec and M. Konstantinidis, and by S. Pardo Quintillán, and by M. Canal Fontcuberta, abogada)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of Member State to fulfil obligations — Infringement of Article 3 and Article 11(3) (6) (7)(11) and (12) of Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Infringement of the principles of equality of treatment and non-discrimination — Works not covered by the concession — Award subsequent to award of concession

Operative part of the judgment

The Court:

| 1. | Declares that, by awarding to Iberpistas, on 5 November 1999






  — | the construction of a third lane in each direction on the part of the toll section of the A-6 motorway between Villalba and the Valle de los Caídos junction, |
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1.

Declares that, by awarding to Iberpistas, on 5 November 1999

—

the construction of a third lane in each direction on the part of the toll section of the A-6 motorway between Villalba and the Valle de los Caídos junction,

| — | the construction of a third reversible lane on the part of the toll section of the A-6 motorway between the Valle de los Caídos junction and the city of San Rafael, including the construction of a new tunnel, and |
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—

the construction of a third reversible lane on the part of the toll section of the A-6 motorway between the Valle de los Caídos junction and the city of San Rafael, including the construction of a new tunnel, and

| — | the construction of a fourth lane in each direction on the toll-free section of the A-6 motorway between Madrid and Villalba,
  without those works having been listed in the object of the public works concession contract, as described in the notice published in the Official Journal of the European Communities or in the tender specifications, the Kingdom of Spain has failed to fulfil its obligations under Articles 3(1) and 11(3) and (6) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, read in conjunction with Annex V thereto; |
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—

the construction of a fourth lane in each direction on the toll-free section of the A-6 motorway between Madrid and Villalba,

without those works having been listed in the object of the public works concession contract, as described in the notice published in the Official Journal of the European Communities or in the tender specifications, the Kingdom of Spain has failed to fulfil its obligations under Articles 3(1) and 11(3) and (6) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, read in conjunction with Annex V thereto;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Kingdom of Spain to pay the costs. |
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3.

Orders the Kingdom of Spain to pay the costs.

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(1)  OJ C 297, 8.12.2007.

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