Judgment — ECLI:EU:C:2007:446
Date: 2007-07-18
Language of the case: Greek
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Concepts: Conduct of procurement procedures
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Greece

Judgment of the Court (Third Chamber) of 18 July 2007 – Commission v Greece (Case C‑399/05) Failure of a Member State to fulfil obligations – Directive 93/38/EEC – Procurement in the water, energy, transport and telecommunications sectors – Construction and bringing into operation of a thermal power station – Conditions of admission to the tendering procedure 1. Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors – Directive 93/38 (Council Directive 93/38) (see para. 22) 2. Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors – Directive 93/38 (Council Directive 93/38) (see paras 28, 35, 45) Re: Failure of a Member State to fulfil obligations – Infringement of Article 4(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) – Admission of the tenders of two companies not meeting the conditions of the notice to tender or of the specification – Construction and bringing into operation of a thermal power station at Lavrio. Operative part The Court: 1. Dismisses the action. 2. Orders the Commission of the European Communities to pay the costs.