Judgment — ECLI:EU:C:2007:729
Date: 2007-11-29
Language of the case: Italian
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Concepts: General;Equal treatment and transparency;Advertising of the contract;Concept of public contract
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Italy

Action brought on 28 February 2006 - Commission of the European Communities v Italian Republic (Case C-119/06) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: X. Lewis, acting as Agent, and M. Mollica, Avvocato) Defendant: Italian Republic Form of order sought A Declaration that, as the region of Tuscany and the Tuscan Aziende Sanitarie (public health authorities) concluded the regional framework agreement for the supply of healthcare transport services on 11 October 1999 with the Confederazione delle Misericordie d'Italia, ANPAS - the Tuscan regional committee and the Croce Rossa Italiana - Tuscan division, and subsequently extended that framework agreement by means of a memorandum of understanding on 28 March 2003 and, finally, in April 2004, on the basis of Regional Decision No 379 of 19 April 2004, concluded a new regional framework agreement maintaining the relationship with the above-mentioned organisations and entrusting the administration of the services in question to them for the period from January 2004 to December 2008, the Italian Republic has failed to fulfil its obligations under Council Directive 92/50/EEC1 of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and, in particular, Articles 11, 15 and 17 thereof. An order that the Italian Republic should pay the costs. Pleas in law and main arguments The Commission maintains that the above-mentioned agreements delegating the supply of services in question constitute public service contracts which were awarded directly, without recourse to any form of tendering procedure, and thus in breach of Community law on public contracts. ____________ 1 - OJ L 209 of 24/07/1992, p. 1.