Judgment — ECLI:EU:C:2008:70
Date: 2008-01-31
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Concepts: General;Defences
Procedure: Action for failure to fulfil obligations - successful
Origin: Luxembourg

Judgment of the Court (Seventh Chamber) of 31 January 2008 – Commission v Luxembourg (Case C‑268/07) Failure of a Member State to fulfil obligations – Directive 2004/17/EC – Public procurement procedures in the water, energy, transport and postal services sectors – Failure to transpose within the prescribed period 1. Acts of the institutions – Directives – Implementation by Member States (Art. 249 EC) (see paras 9-10) 2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 13) 3. Actions for failure to fulfil obligations – Examination of merits by the Court – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 14) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1). Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; 2. Orders the Grand Duchy of Luxembourg to pay the costs.