Case C-389/05: Judgment of the Court (Fourth Chamber) of 17 July 2008 — Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Articles 43 and 49 EC — Freedom of establishment and freedom to provide services — Animal health — Artificial insemination centre for bovine animals — National rules conferring on authorised centres the exclusive right to provide the service of artificially inseminating bovine animals in a defined geographical area and making the issue of an inseminator's licence subject to the conclusion of an agreement with one of those centres)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, artificial insemination, cattle, freedom to provide services, monopoly, public health, right of establishment

30.8.2008

EN

Official Journal of the European Union

C 223/3

Judgment of the Court (Second Chamber) of 17 July 2008
— Commission of the European Communities v Italian
Republic

Judgment of the Court (Fourth Chamber) of 17 July 2008
— Commission of the European Communities v French
Republic

(Case C-371/05) (1)

(Case C-389/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/50/EEC — Articles 11 and 15(2) — Public service
contracts — Award of IT services of the municipality of
Mantova (Italy) — Direct award without prior publication of
a notice to tender)

(2008/C 223/03)

(Failure of a Member State to fulfil obligations — Articles 43
and 49 EC — Freedom of establishment and freedom to
provide services — Animal health — Artificial insemination
centre for bovine animals — National rules conferring on
authorised centres the exclusive right to provide the service of
artificially inseminating bovine animals in a defined geogra-
phical area and making the issue of an inseminator's licence
subject to the conclusion of an agreement with one of those
centres)

Language of the case: Italian

(2008/C 223/04)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, C. Zadra, L. Visaggio and C. Cattabriga,
acting as Agents)

Applicant: Commission of the European Communities (repre-
sented by: A. Bordes and E. Traversa, Agents)

Parties

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent
and G. Fiengo, avvocato dello Stato)

Defendant: French Republic (represented by: G. de Bergues, A.
Colomb and G. Le Bras, Agents)

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 11 and Article 15(2) of Council Directive 92/50/EEC
of 18 June 1992 relating to the coordination of procedures for
the award of public service contracts (OJ L 209, 24.7.1992,
p. 1) — Award of IT services for the Commune di Mantova —
Direct award without prior publication of a contract notice

Operative part of the judgment

The Court:

1. Dismisses the action;

Failure of a Member State to fulfil obligations — Infringement
of Articles 43 and 49 EC — Only ‘insemination centres’
authorised in France allowed to carry out activities relating to
the artificial insemination of bovine animals.

Operative part of the judgment

The Court:

1. Declares that, by allowing only authorised artificial insemination
centres, with exclusive rights over determined geographical areas,
and persons holding an inseminator's licence, the issue of which is
subject to the conclusion of an agreement with one of those centres,
to provide the service of artificial insemination of bovine animals,
the French Republic has
its obligations under
Articles 43 EC and 49 EC;

failed to fulfil

2. Orders the Commission of the European Communities to pay the

costs.

2. Orders the French Republic to pay the costs.

(1) OJ C 10, 14.1.2006.

(1) OJ C 10, 14.1.2006.