Case C-272/07: Action brought on 7 June 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, award of contract, national implementing measure, public contract, services contract, supplies contract, works contract

C 211/14

EN

Official Journal of the European Union

8.9.2007

Action brought on 7 June 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

Action brought on 7 June 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-272/07)

(2007/C 211/25)

(Case C-273/07)

(2007/C 211/26)

Language of the case: French

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Defendant: Grand Duchy of Luxembourg

Form of order sought

Form of order sought

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/18/EC of the European Parliament and of the Council
of 31 March 2004 on the coordination of procedures for the
award of public works contracts, public supply contracts and
public service contracts (1), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 80 of that
directive;

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Commis-
sion Directive 2005/51/EC of 7 September 2005 amending
Annex XX to Directive 2004/17/EC and Annex VIII to Direc-
tive 2004/18/EC of the European Parliament and the Council
on public procurement (1), the Grand Duchy of Luxembourg
has failed to fulfil
its obligations under Article 3 of that
directive;

In the alternative:

In the alternative:

declare that, by failing to notify the Commission of the laws,
regulations
and administrative provisions necessary to
comply with Directive 2004/18/EC of the European Parlia-
ment and of the Council of 31 March 2004 on the coordina-
tion of procedures for the award of public works contracts,
public supply contracts and public service contracts,
the
Grand Duchy of Luxembourg has failed to fulfil its obliga-
tions under Article 80 of that directive;

declare that, by failing to notify the Commission of the laws,
and administrative provisions necessary to
regulations
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 procure-
ment, the Grand Duchy of Luxembourg has failed to fulfil its
obligations under Article 3 of that directive;

2. order the Grand Duchy of Luxembourg to pay the costs.

2. order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

period

The
prescribed
2004/18/EC expired on 31 January 2006.

for

transposition

of Directive

period

The
prescribed
2005/51/EC expired on 31 January 2006.

for

transposition

of Directive

(1) OJ L 134, p. 114.

(1) OJ 2005 L 257, p. 127.