Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-283/00: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Public procurement — Directive 93/37/EEC — Procedure for the award of public works contracts — State commercial company governed by private law — Company's object consisting of the implementation of a plan for repaying the costs of and establishing prisons — Concept of "contracting authority")
Date: 2003-11-29
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, administrative procedure, invitation to tender, works contract

29.11.2003

EN

Official Journal of the European Union

C 289/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 October 2003

in Case C-283/00: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure of a Member State to fulfil its obligations — Public
procurement — Directive 93/37/EEC — Procedure for
the award of public works contracts — State commercial
company governed by private law — Company’s object
consisting of the implementation of a plan for repaying the
costs of and establishing prisons — Concept of ‘contracting
authority’)

(2003/C 289/01)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

contracting authority for the purposes of Article 1(b) 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), the amount of which far
exceeds the threshold provided for by that directive, by failing
to comply with all the provisions of that directive and, more
specifically, the advertising rules laid down in Article 11(2),
(6), (7) and (11), and the provisions of Articles 12(1), 29(3),
18, 27 and 30(4), the Kingdom of Spain has failed to fulfil its
obligations under Community law, the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, V. Skouris (Rapporteur), N. Colneric and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 16 October 2003,
in which it:

1. Declares that, by failing to comply with all the provisions of
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works
contracts in connection with the call for tenders for the execution
of works for the Centro Educativo Penitenciario Experimental
de Segovia issued by the Sociedad Estatal de Infraestruturas y
Equipamientos Penitenciarios S.A.
(‘SIEPSA’), a company
falling within the definition of a contracting authority for the
purposes of Article 1(b) of the Directive, the Kingdom of Spain
has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

In Case C-283/00, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
M. Lópes-Monís Gallego): Application for a declaration that, in
connection with the call for tenders for the execution of works
for the Centro Educativo Penitenciario Experimental de Segovia
issued by the
(Experimental Educational Prison, Segovia)
Sociedad Estatal de Infraestruturas y Equipamientos Penitencia-
rios S.A., a company falling within the definition of a

(1) OJ C 259 of 9.9.2000.