Case C-119/06: Judgment of the Court (Third Chamber) of 29 November 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Infringement of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts — Award of a contract without a call for tenders — Award of the contract for healthcare transport services in Tuscany)
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, public contract, restriction on competition, services contract, transport of patients

26.1.2008

EN

Official Journal of the European Union

C 22/7

of

Judgment
of
6 December 2007 — Luigi Marcuccio v Commission of the
European Communities

Chamber)

(Second

Court

the

(Case C-59/06 P) (1)

(Appeal — Officials — Employment in a non-Member State
— Reassignment of post and post holder — Duty to respect
the rights of the defence — Scope — Burden of proof)

(2008/C 22/12)

Language of the case: Italian

Judgment of the Court (Third Chamber) of 29 November
the European Communities v
2007 — Commission of

Italian Republic

(Case C-119/06) (1)

(Failure of a Member State to fulfil obligations — Infringe-
ment of Directive 92/50/EEC relating to the coordination of
procedures for the award of public service contracts — Award
of a contract without a call for tenders — Award of the
contract for healthcare transport services in Tuscany)

(2008/C 22/13)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (represented by: L. Garofalo, avvo-
cato)

Parties

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Curral and C. Berardis-Kayser,
Agents, A. Dal Ferro, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 24 November 2005 in Case T-236/02 Marcuccio v
Commission by which that Court dismissed an action seeking
annulment of the Commission decision reassigning the appel-
the Commission in Luanda
lant's post at
(Angola) to the Commission's headquarters in Brussels and a
claim for damages

the delegation of

Operative part of the judgment

The Court:

1. Sets aside

Instance of
24 November 2005 in Case T-236/02 Marcuccio v Commission;

the Court of First

judgment of

the

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis and D. Recchia, acting as Agents, and M.
Mollina, avocat)

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
and G. Fiengo and S, Varone, avocats)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 11, 15 and 17 of Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the
award of public service contracts (OJ 1992 L 209, p. 1) —
Award of a contract without publication of
the appropriate
notice — Award of the contract for healthcare transport services
in Tuscany

Operative part of the judgment

The Court:

2. Refers the case back to the Court of First Instance of the European

1. Dismisses the action;

Communities;

3. Reserves the costs.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 96, 22.4.2006.

(1) OJ C 131 of 3.6.2006.