62007CJ0437_EN
Subject of the case
Operative part
Subject of the case
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council 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 transparency and non‑discrimination – Public works carried out by means of ‘project financing’.
Operative part
Operative part
The Court:
1. Declares that, in so far as the Comune di l’Aquila (Commune of Aquila) awarded a public works contract concerning the design and construction of a rubber-tyred tramway for public transport in that town by means of a procedure different from those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that directive;
2. Orders the Italian Republic to pay the costs.