Case C-259/07: Judgment of the Court (Sixth Chamber) of 31 January 2008 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Directive 2005/51/EC — Public procurement — Procedure for the award of public contracts — Failure to transpose within the prescribed period)
Date: 2008-01-31
Institutions: Court of Justice
Subjects: European Commission, Publications Office of the European Union, Sweden, action for failure to fulfil an obligation, award of contract, dissemination of information, national implementing measure, public contract

29.3.2008

EN

Official Journal of the European Union

C 79/9

Judgment of the Court (Sixth Chamber) of 31 January 2008
— Commission of the European Communities v Kingdom
of Sweden

(Case C-259/07) (1)

Judgment of the Court (Seventh Chamber) of 31 January
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-264/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2005/51/EC — Public procurement — Procedure for the
award of public contracts — Failure to transpose within the
prescribed period)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Protection and management of water —
Failure to undertake the analyses and reviews required —
Failure to submit the summary reports required)

(2008/C 79/15)

Language of the case: Swedish

(2008/C 79/16)

Language of the case: Greek

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and M. Konstantinidis, acting as Agents)

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

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

Defendant: Kingdom of Sweden (represented by: A. Falk, acting
as Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
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
(OJ 2005 L 257,
and the Council on public procurement
p. 127)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to 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 procurement, the Kingdom of Sweden has failed
to fulfil its obligations under that directive;

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 5(1) and 15(2) of Directive 2000/60/EC of the European
Parliament and of the Council of 23 October 2000 establishing
a framework for Community action in the field of water policy
(OJ 2000 L 327, p. 1) — Failure to submit summary reports of
the analyses required under Article 5 as regards certain river
basin districts — Failure to undertake the analyses and reviews
required by Article 5(1) of the Directive

Operative part of the judgment

The Court:

1. Declares that, by failing ensure that, for each river basin district or
for the portion of an international river basin district falling within
its territory, an analysis of its characteristics, a review of the impact
of human activity on the status of surface waters and on ground-
water, and an economic analysis of water use, are undertaken
according to the technical specifications set out in Annexes II and
III of Directive 2000/60/EC of the European Parliament and of
the Council of 23 October 2000 establishing a framework for
Community action in the field of water policy, the Hellenic Republic
has failed to fulfil its obligations under Article 5(1) of the Directive
and, by failing to submit summary reports of the analyses required
by that provision, it has also failed to fulfil its obligations under
Article 15(2) of the Directive;

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

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 183, 4.8.2007.

(1) OJ C 170, 21.7.2007.