Judgment — ECLI:EU:C:2008:68
Date: 2008-01-31
Language of the case: Swedish
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Sweden

Judgment of the Court (Sixth Chamber) of 31 January 2008 – Commission v Sweden (Case C‑259/07) Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedure for the award of public contracts – Failure to transpose within the prescribed period Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see paras 8-10, operative part) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement (OJ 2005 L 257, p. 127). 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 Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement, the Kingdom of Sweden has failed to fulfil its obligations under that directive; 2. Orders the Kingdom of Sweden to pay the costs.