Keywords

Summary



Keywords

1 . ACTION FOR FAILURE OF A STATE TO FULFIL OBLIGATIONS - PROCEDURE PRIOR TO THE APPLICATION TO THE COURT - FORMAL INVITATION TO SUBMIT OBSERVATIONS - DEFINITION OF THE SUBJECT-MATTER OF THE DISPUTE - REASONED OPINION - DETAILED LIST OF COMPLAINTS - PERMISSIBILITY

( EEC TREATY , ART . 169 )

2.APPROXIMATION OF LAWS - PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS - AWARD OF CONTRACTS - CRITERIA - THE MOST ECONOMICALLY ADVANTAGEOUS TENDER

( COUNCIL DIRECTIVE 71/305/EEC , ART . 29 ( 1 ))

3.MEMBER STATES - IMPLEMENTATION OF DIRECTIVES - OBLIGATION TO PROVIDE INFORMATION - FAILURE TO PROVIDE INFORMATION - FAILURE TO FULFIL OBLIGATIONS

( EEC TREATY , ARTS 5 AND 155 )

Summary

1 . IT FOLLOWS FROM THE PURPOSE ASSIGNED BY ARTICLE 169 OF THE EEC TREATY TO THE PRELIMINARY STAGE OF THE PROCEDURE UNDER ARTICLE 169 , OF WHICH THE INITIAL LETTER IS PART , THAT THE LETTER IS INTENDED TO DEFINE THE SUBJECT-MATTER OF THE DISPUTE AND TO INDICATE TO THE MEMBER STATE WHICH IS INVITED TO SUBMIT ITS OBSERVATIONS THE FACTORS ENABLING IT TO PREPARE ITS DEFENCE . THE OPPORTUNITY FOR THE MEMBER STATE CONCERNED TO SUBMIT ITS OBSERVATIONS CONSTITUTES AN ESSENTIAL GUARANTEE REQUIRED BY THE TREATY AND , EVEN IF THE MEMBER STATE DOES NOT CONSIDER IT NECESSARY TO AVAIL ITSELF THEREOF , OBSERVANCE OF THAT GUARANTEE IS AN ESSENTIAL FORMAL REQUIREMENT OF THE PROCEDURE UNDER ARTICLE 169 .

ALTHOUGH IT FOLLOWS THAT THE REASONED OPINION PROVIDED FOR IN ARTICLE 169 MUST CONTAIN A COHERENT AND DETAILED STATEMENT OF THE REASONS WHICH LED THE COMMISSION TO CONCLUDE THAT THE STATE IN QUESTION HAS FAILED TO FULFIL ONE OF ITS OBLIGATIONS UNDER THE TREATY , THE COURT CANNOT IMPOSE SUCH STRICT REQUIREMENTS AS REGARDS THE INITIAL LETTER , WHICH OF NECESSITY WILL CONTAIN ONLY AN INITIAL BRIEF SUMMARY OF THE COMPLAINTS AND THERE IS NOTHING THEREFORE TO PREVENT THE COMMISSION FROM SETTING OUT IN DETAIL IN THE REASONED OPINION THE COMPLAINTS WHICH IT HAS ALREADY MADE MORE GENERALLY IN ITS INITIAL LETTER .

2.FOR THE PURPOSES OF ARTICLE 29 ( 1 ) OF DIRECTIVE 71/305 CONCERNING THE COORDINATION OF PROCEDURES FOR THE AWARD OF PUBLIC WORKS CONTRACTS THE AWARD OF A CONTRACT ON THE BASIS OF THE CRITERION OF THE MOST ECONOMICALLY ADVANTAGEOUS TENDER PRESUPPOSES THAT THE AUTHORITY MAKING THE DECISION IS ABLE TO EXERCISE ITS DISCRETION IN TAKING A DECISION ON THE BASIS OF QUALITATIVE AND QUANTITATIVE CRITERIA THAT VARY ACCORDING TO THE CONTRACT IN QUESTION AND IS NOT RESTRICTED SOLELY TO THE QUANTITATIVE CRITERION OF THE AVERAGE PRICE STATED IN THE TENDERS .

3.THE MEMBER STATES ARE OBLIGED , BY VIRTUE OF ARTICLE 5 OF THE EEC TREATY , TO FACILITATE THE ACHIEVEMENT OF THE COMMISSION ' S TASKS WHICH , UNDER ARTICLE 155 OF THE EEC TREATY , CONSIST IN PARTICULAR OF ENSURING THAT THE PROVISIONS OF THE TREATY AND THE MEASURES ADOPTED BY THE INSTITUTIONS PURSUANT THERETO ARE APPLIED .

WHERE , FOR THAT PURPOSE , A DIRECTIVE IMPOSES UPON THE MEMBER STATES AN OBLIGATION TO PROVIDE INFORMATION IN ORDER TO ENABLE THE COMMISSION TO CHECK WHETHER THE DIRECTIVE HAS BEEN IMPLEMENTED EFFECTIVELY AND COMPLETELY , THE FAILURE BY A MEMBER STATE TO PROVIDE THE INFORMATION CONSTITUTES A FAILURE TO FULFIL ITS OBLIGATIONS , EVEN IF THE COMMISSION WAS , IN FACT , ABLE TO OBTAIN INFORMATION REGARDING THE IMPLEMENTING PROVISIONS ADOPTED BY THAT STATE .