Case C-217/06: Action brought on  12 May 2006  — Commission of the European Communities v Italian Republic
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, invitation to tender, works contract

29.7.2006

EN

Official Journal of the European Union

C 178/21

The enforcement regime in Ireland does not guarantee the
effectiveness of the application of the Impact Assessment Direc-
tive. Consequently Ireland has failed to fulfil its general obliga-
tion under article 249 of the Treaty to ensure that the directive
is applied effectively

which co-ordinates the procedures for the award of public
works contracts,
in particular under Articles 3 and 12
thereof.

— Order the Italian Republic to pay the costs of the proceed-

ings.

There have been a number of particular deficiencies in relation
to the undertaking of environmental impact assessments for a
wind farm at Derrybrien, County Galway, which amount to a
manifest breach of the directive.

(1) OJ L 175, p. 40.
(2) OJ L 73, p. 5.

Action brought on 12 May 2006 — Commission of the
European Communities v Italian Republic

(Case C-217/06)

(2006/C 178/33)

Language of the case: Italian

Pleas in law and main arguments

The Commission considers that the Agreement of 2 October
1991 between the commune of Stintino and Maresar is a
public works contract under Community law. The
said
contract, the subject of which is works with a value (around
EUR 16 million) clearly greater than the threshold for the
application of the Directive, which was in force at that time,
should have been awarded in accordance with the rules laid
down by that Directive.

As regards the Italian authority's arguments put forward to
in
justify their non-fulfilment, the Commission recalls that,
accordance with settled case-law, a Member State cannot rely
on internal difficulties to justify failure to fulfil obligations
derived from Community law.

(1) OJ L 185, p. 5.

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, agent, M. Mollica, lawyer)

Reference for a preliminary ruling from the Audiencia
Nacional, Sala de lo Contencioso-Administrativo (España)
of 15 May 2006 — Asociacion Profesional de Empresas de
Reparto y Manipulado de Correspondencia. v Administra-
ción del Estado (Ministerio de Educación y Ciencia)

Defendant: Italian Republic

Form of order sought

— Declare that, as the commune of Stintino awarded directly
through Agreement No 7/91 of 2 October
to Maresar,
1991 and connected measures, a public works contract
concerning the execution of the works mentioned in Reso-
lution No 48 of the municipal council of Stintino of 14
December 1989, particularly the 'detailed design and
construction of the works for the technological and struc-
tural adaptation, rehauling and completion of the water
supply and drainage networks, the road network, the build-
ings and service facilities in the town centre, the tourist
areas in and outside the territory of the commune of Stin-
tino, including the clean-up and depollution of the coast
and the tourist centres situated in that commune', without
following the procedures laid down by Council Directive
71/305/EEC (1) and,
in particular, without publishing a
notice of invitation to tender in the Official Journal of the
European Communities, the Commission of the European
Communities considers that the Italian Republic has failed
to fulfil its obligations under Council Directive 71/305/EEC,

(Case C-220/06)

(2006/C 178/34)

Language of the case: Spanish.

Referring court

Audiencia Nacional, Sala de lo Contencioso-Administrativo
(National High Court, Chamber for Contentious Administrative
Proceedings)

Parties to the main proceedings

Applicant: Asociacion Profesional de Empresas de Reparto y
Manipulado de Correspondencia

Defendant: Ministerio de Educación y Ciencia