Case C-268/07: Judgment of the Court (Seventh Chamber) of 31 January 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2004/17/EC — Public procurement proceedings in the water, energy, transport and postal services sectors)
Date: 2008-01-31
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, award of contract, national implementing measure, postal service, transport policy, water

C 79/10

EN

Official Journal of the European Union

29.3.2008

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

Order of the Court of 29 November 2007 — Friedrich
Weber v Commission of the European Communities

Grand Duchy of Luxembourg

(Case C-268/07) (1)

(Case C-107/07 P) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/17/EC — Public procurement proceedings in the water,
energy, transport and postal services sectors)

(Appeal — Refusal of access to documents — Manifest
inadmissibility)

(2008/C 79/17)

Language of the case: French

(2008/C 79/18)

Language of the case: German

Parties

Parties

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

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2004/17/EC of the European Parliament
and of the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy, trans-
port and postal services sectors (OJ 2004 L 134, p. 1)

Operative part of the judgment

The Court:

Applicant:
Rechtsanwalt)

Friedrich Weber

(represented by: W. Declair,

Other party to the proceedings: Commission of
the European
Communities (represented by: P. Costa de Oliveira and C.
Ladenburger, acting as Agents)

Re:

Appeal brought against the order of the Court of First Instance
(Second Chamber) of 11 December 2006 in Case T-290/05
Weber v Commission by which the Court of First
Instance
dismissed as inadmissible an action brought against the decision
of the Secretary-General of the Commission of 27 May 2005
rejecting the applicant's request for access to a letter sent by the
Directorate-General
for Competition to the German Federal
Government concerning State aid proceedings in relation to the
financing of public-law broadcasting bodies in Germany

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/17/EC of the European Parliament and of the
Council of 31 March 2004 coordinating the procurement proce-
dures of entities operating in the water, energy, transport and postal
services sectors, the Grand Duchy of Luxembourg has failed to fulfil
its obligations under that directive;

Operative part of the order

1. The appeal is dismissed.

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

2. Mr Weber is ordered to pay the costs.

(1) OJ C 211, 8.9.2007.

(1) OJ C 95, 28.4.2007.