Case C-289/07: Judgment of the Court (Seventh Chamber) of 3 April 2008 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 2004/17/EC — Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors — Failure to transpose within the period prescribed)
Date: 2008-04-03
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, award of contract, energy industry, national implementing measure, postal service, transport policy, water

24.5.2008

EN

Official Journal of the European Union

C 128/15

Judgment of the Court (Seventh Chamber) of 3 April 2008
v
— Commission

European Communities

the

of
Portuguese Republic

Order of the Court of 20 February 2008 — Comunidad
Autónoma de Valencia — Generalidad Valenciana v
Commission of the European Communities

(Case C-289/07) (1)

(Case C-363/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/17/EC — Coordination of the procurement procedures
of entities operating in the water, energy, transport and postal
services sectors — Failure to transpose within the period
prescribed)

(Appeal — Article 119 of the Rules of Procedure — Article 19
of the Statute of the Court of Justice — Representation by a
lawyer — Compliance with the essential procedural require-
ments of the Rules of Procedure — Principle of non-discrimi-
nation — Appeal in part manifestly inadmissible and in part
manifestly unfounded)

(2008/C 128/24)

Language of the case: Portuguese

(2008/C 128/25)

Language of the case: Spanish

Parties

Parties

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

Defendant: Portuguese Republic (represented by: L. Fernandes
and F. Andrade de Sousa, Agents)

Re:

Appellant: Comunidad Autónoma de Valencia — Generalidad
Valenciana (represented by: C. Fernández Vicién, I. Moreno-Tapia
Rivas, M.J. Rodríguez Blasco, abogados, and J.V. Sánchez-Tara-
zaga Marcelino)

Other party to the proceedings: Commission of
the European
Communities (represented by: F. Castillo de la Torre and L.
Escobar Guerrero, acting as Agents)

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the measures 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)

Intervener in support of the appellant: Kingdom of Spain (repre-
sented by: N. Días Abad)

Intervener in support of the other party to the proceedings:
Italian Republic (represented by:I.M. Braguglia, Agent, and P.
Gentili, avvocato dello Stato)

Operative part of the judgment

The Court:

Re:

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 Portuguese Republic has failed to fulfil its obli-
gations under Article 71 of that directive;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 183, 4.8.2007.

Appeal against the order of the Court of First Instance (Second
Chamber) of 5 July January 2006 in Case T-357/05 Comunidad
Autónoma de Valencia — Generalidad Valenciana v Commission, by
which the Court dismissed as manifestly inadmissible the appel-
lant's application to annul Commission Decision C(2005) 1867
final of 27 June 2005 concerning the reduction of the financial
assistance initially granted from the Cohesion Fund to Project
Group No 97/11/61/028, concerning the collection and treat-
ment of waste waters on the Mediterranean coast of the Comu-
nidad Autónoma de Valencia (Spain) — Representation by a
lawyer — Article 19 of the Statute of the Court of Justice

Operative part of the order

1. The appeal is dismissed.