Case C-412/04: Judgment of the Court (Second Chamber) of 21 February 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Public works, supply and service contracts — Directives 92/50/EEC, 93/36/EEC, 93/37/EEC and 93/38/EEC — Transparency — Equal treatment — Contracts excluded from the scope of those directives on account of their value)
Date: 2008-02-21
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, infringement of EU law, public contract, services contract, supplies contract, works contract

C 92/2

EN

Official Journal of the European Union

12.4.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 21 February
the European Communities v
2008 — Commission of

Operative part of the judgment

Italian Republic

(Case C-412/04) (1)

(Failure of a Member State to fulfil its obligations — Public
works, supply and service contracts — Directives 92/50/EEC,
93/36/EEC, 93/37/EEC and 93/38/EEC — Transparency —
Equal treatment — Contracts excluded from the scope of those
directives on account of their value)

(2008/C 92/02)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, K. Wiedner, Agent and G. Bambara, lawyer)

Defendant: Italian Republic (represented by: I. Braguglia and M.
Fiorilli, agents)

Intervening parties support the defendant: French Republic, (repre-
sented by G. de Bergues, agent), Kingdom of Holland (repre-
sented by: H.G. Sevenster and M. de Grave, agents), Finnish
Republic (represented by: A. Guimaraes-Purokoski, agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Council Directive 93/36/EEC of 14 June 1993 coordinating
procedures for the award of public supply contracts (OJ 1993
L 199, p.
l) Council Directive 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of
public works contracts (OJ 1993 L 199, p. 54) Council Directive
93/38/EEC of 14 June 1993 coordinating the procurement
procedures of entities operating in the water, energy, transport
and telecommunications sectors (OJ 1993 L 199, p. 84) and
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) — Infringement of Articles 43
and 49 EC — Infringement of the principles of transparency
and equal treatment

The Court:

1. Declares that, by adopting:

— Article 2(1) of Law No 109 of 11 February 1994 — Frame-
work Law on public works (legge quadro in materia di lavori
pubblici), as amended by Law No 166 of 1 August 2002, the
Italian Republic has
its obligations under
failed to fulfil
Council Directive 92/50/EEC of 18 June 1992 relating to the
coordination of procedures for
the award of public service
contracts, Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply contracts,
and Council Directive 93/37/EEC of 14 June 1993
concerning the coordination of procedures for the award of
public works contracts as amended by European Parliament and
Council Directive 97/52/EC of 13 October 1997;

— Article 2(5) of Law No 109/1994 as amended, the Italian
its obligations under Directive

Republic has failed to fulfil
93/37 as amended; and

— Articles 27(2) and 28(4) of Law No 109/1994 as amended,
the Italian Republic has failed to fulfil
its obligations under
Directive 92/50 and Council Directive 93/38/EEC of 14 June
1993 coordinating the procurement procedures of entities oper-
ating in the water, energy, transport and telecommunications
sectors.

2. Dismisses the action as to the remainder;

3. Orders the Commission of

the European Communities and the

Italian Republic to bear their own costs;

4. Orders the French Republic, the Kingdom of the Netherlands and

the Republic of Finland to bear their own costs.

(1) OJ C 300, 4.12.2004.