Case C-217/06: Judgment of the Court (Second Chamber) of 4 October 2007 — Commission of the European Communities v Italian Republic (Failure of Member State to fulfil obligations — Public works contracts — Directive 71/305/EEC — Meaning and definition of a public works contract — Failure which has produced all its effects)
Date: 2007-12-08
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, invitation to tender, works contract

C 297/12

EN

Official Journal of the European Union

8.12.2007

Judgment of the Court (Second Chamber) of 4 October
the European Communities v
2007 — Commission of

Italian Republic

(Case C-217/06) (1)

(Failure of Member State to fulfil obligations — Public works
contracts — Directive 71/305/EEC — Meaning and definition
of a public works contract — Failure which has produced all
its effects)

Judgment of the Court (Third Chamber) of 11 October
2007 (reference for
a preliminary ruling from the
Hanseatisches Oberlandesgericht — Germany) —
Lämmerzahl GmbH v Freie Hansestadt Bremen

(Case C-241/06) (1)

(Public contracts — Directive 89/665/EEC — Review proce-
dures concerning the award of public contracts — Limitation
period — Principle of effectiveness)

(2007/C 297/17)

Language of the case: Italian

(2007/C 297/18)

Language of the case: German

Parties

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

Defendant: Italian Republic (represented by: I. Braguglia and S.
Fiorentino, agents.)

Re:

Failure of Member State to fulfil obligations — Infringement of
Articles 3 and 12 of Council Directive 71/305/EEC of 26 July
1971 concerning the co-ordination of procedures for the award
of public works contracts (OJ 1971 L 185, p. 5) — Award, after
private negotiation and without publication of a notice of invita-
tion to tender, of a works contract for the performance of
works specified in resolution No 48 of the Municipal Council of
Stintino of 14 December 1989, in particular:
‘the design and
execution of works relating to the technical and structural
modernisation, maintenance and completion of
the water
supply and drainage networks, the road network, and structures
the external
and facilities serving the centre of population,
villages and the tourist zones of the territory of the commune
of Stintino, and including the cleaning and decontamination of
the coast and tourist centres of that commune’

Operative part of the judgment

The Court:

1. declares that by allowing execution of at least one of the operations
entrusted by the commune of Stintino to the company Maresar
Soc. Cons arl under the Agreement No 7/91 signed on 2 October
1991 and additional measures subsequently agreed by the same
parties, the Italian Republic has failed to fulfil its obligations under
Council Directive 71/305/EEC of 26 July 1971 concerning the
co-ordination of procedures for the award of public works contracts,
and in particular Articles 3 and 12 thereof;

2. orders the Italian Republic to pay the costs.

(1) OJ C 178 of 29.7.2006.

Referring court

Hanseatisches Oberlandesgericht

Parties to the main proceedings

Applicant: Lämmerzahl GmbH

Defendant: Freie Hansestadt Bremen

Re:

a

for

preliminary

ruling — Hanseatisches
Reference
Oberlandesgericht — Interpretation of Article 1(1) and (3) of
Council Directive 89/665/EEC of 21 December 1989 on the
coordination of the laws, regulations and administrative provi-
sions relating to the application of review procedures to the
award of public supply and public works contracts (OJ 1989
L 395, p. 33), as amended by 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) — No
the contracting authority
right
awarding a contract the estimated value of which does not
exceed EUR 200 000 — All objections time-barred as a result
of a wrong estimate of the contract price at the time of publica-
tion of the notice of invitation to tender.

to review of a decision of

Operative part of the judgment

1) In accordance with Article 9(4) of and Annex IV to Council Direc-
tive 93/36/EEC of 14 June 1993 coordinating procedures for the
award of public supply contracts, as amended by Commission
Directive 2001/78/EC of 13 September 2001, the contract notice
concerning a contract within the scope of that directive must state
the total quantity or scope of that contract. The absence of such an
indication must be capable of being reviewed under Article 1(1) of
Council Directive 89/665/EEC of 21 December 1989 on the
coordination of the laws, regulations and administrative provisions
relating to the application of review procedures to the award of
public supply and public works contracts, as amended by Council
Directive 92/50/EEC of 18 June 1992 relating to the coordina-
tion of procedures for the award of public service contracts;