Case C-444/06: Judgment of the Court (Second Chamber) of 3 April 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 89/665/EEC — Public supply and works contracts — Review procedures for the award of public contracts)
Date: 2008-04-03
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, award of contract, supplies contract, works contract

C 128/12

EN

Official Journal of the European Union

24.5.2008

Judgment of the Court (Second Chamber) of 3 April 2008
— Commission of the European Communities v Kingdom
of Spain

Judgment of the Court (Fifth Chamber) of 3 April 2008 —
Commission of the European Communities v Kingdom of
Belgium

(Case C-444/06) (1)

(Case C-522/06) (1)

(Failure of a Member State to fulfil obligations — Directive
89/665/EEC — Public supply and works contracts — Review
procedures for the award of public contracts)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 2037/2000 — Substances that deplete the ozone
layer — Recovery, recycling, reclamation and destruction of
those substances)

(2008/C 128/18)

Language of the case: Spanish

(2008/C 128/19)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, acting as Agent, and C. Fernandez Vicién
and I. Moreno-Tapia Rivas, abogados)

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and B. Stromsky, acting as
Agents)

Defendant: Kingdom of Belgium (represented by: A. Hubert,
Agent)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Breach of
Article 2(1)(a) and (b) 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 (OJ 1989 L 395, p. 33) — National legislation
not in conformity with the directive

Operative part of the judgment

The Court:

1. Declares that, by failing to lay down a mandatory period for the
contracting authority to notify the decision on the award of the
contract to all the tenderers and by failing to provide for a manda-
tory waiting period between the award of
the contract and its
conclusion, the Kingdom of Spain has failed to fulfil its obligations
under Article 2(1)(a) and (b) 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
(OJ 1989 L 395, p. 33), as amended by Council Directive
92/50/EEC of 18 June 1992;

2. Dismisses the action as to the remainder;

3. Orders the Kingdom of Spain to pay two thirds of all the costs.
The Commission of the European Communities is ordered to pay
the other third.

Failure of a Member State to fulfil obligations — Regulation
(EC) No 2037/2000 of the European Parliament and of the
Council of 29 June 2000 on substances that deplete the ozone
layer (OJ 2000 L 244, p. 1) — Articles 16(5) and 17(1) —
Failing to adopt measures defining the minimum qualification
requirements for personnel responsible for recovery, recycling,
reclamation and destruction of controlled substances referred to
in Article 2 of the Regulation and contained in refrigeration,
air-conditioning and heat pump equipment,
fire protection
systems and fire extinguishers — Failure to adopt all precau-
tionary measures practicable to prevent and minimise leakages
of controlled substances and absence of checks on the possible
presence of leakages.

Operative part of the judgment

The Court:

1. Declares that,

— by failing to define the minimum qualification requirements for
certain members of personnel working in recovery, recycling,
reclamation and destruction of controlled substances in accord-
ance with Article 16(5) of Regulation (EC) No 2037/2000
of the European Parliament and of the Council of 29 June 2000
on substances that deplete the ozone layer, and

— in respect of the Walloon Region, by failing to take all precau-
tionary measures practicable to prevent and minimise leakages
of controlled substances and by failing to carry out annual
checks to establish the presence or not of leakages in accordance
with Article 17(1) of Regulation No 2037/2000,

the Kingdom of Belgium has failed to fulfil its obligations under
the provisions of that regulation;

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

(1) OJ C 326, 30.12.2006.

(1) OJ C 42, 24.2.2007.