Case C-437/07: Judgment of the Court (Third Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Public procurement — Design and construction of a municipal tramway — Public works contract — Award by means of a procedure for the award of a public works concession — Infringement of Directive 93/37)
Date: 2008-11-13
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, means of public conveyance, public contract, public transport, service concession, works contract

C 6/8

EN

Official Journal of the European Union

10.1.2009

Judgment of the Court (Third Chamber) of 13 November
the European Communities v
2008 — Commission of

Italian Republic

(Case C-437/07) (1)

Judgment of the Court (Second Chamber) of 20 November
2008 (reference for a preliminary ruling from the Tribunal
d'instance de Bordeaux — France) — Foselev Sud-Ouest
SARL v Administration des douanes et droits indirects

(Case C-18/08) (1)

(Failure of a Member State to fulfil obligations — Public
procurement — Design and construction of a municipal
tramway — Public works contract — Award by means of a
procedure for the award of a public works concession —
Infringement of Directive 93/37)

(Tax on motor vehicles — Directive 1999/62/EC — Charging
of heavy goods vehicles for the use of certain infrastructures
— Article 6(2)(b) — Commission decision approving an
exemption — No direct effect)

(2009/C 6/13)

Language of the case: Italian

(2009/C 6/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Zadra and D. Kukovec, Agents)

Referring court

Tribunal d'instance de Bordeaux

Parties to the main proceedings

Defendant:
G. Fiengo, Agents)

Italian Republic (represented by:

I. Braguglia and

Applicant: Foselev Sud-Ouest SARL

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 43 EC and 49 EC and Articles 7 and 11 of Council
Directive 93/37/EEC of 14 June 1993 concerning the coordina-
tion of procedures for the award of public works contracts
(OJ 1993 L 199, p. 54) — Infringement of the principles of
transparency and non-discrimination — Public works carried
out by means of ‘project financing’

Operative part of the judgment

Defendant: Administration des douanes et droits indirects

Re:

Reference for a preliminary ruling — Tribunal d'Instance de
Bordeaux (France) — Interpretation of Commission Decision
2005/449/EC, concerning a request for exemption from the
vehicle tax rules submitted by France pursuant to Article 6(2)(b)
of Directive 1999/62/EC of the European Parliament and of the
Council of 17 June 1999 on the charging of heavy goods vehi-
cles for the use of certain infrastructures (OJ 2005 L 158, p. 23)
— Whether that decision has direct effect or, as an authorisation
decision, requires a measure transposing it into national law?

l'Aquila (Municipality of Aquila)
1. In so far as the Comune di
awarded a public works
concerning the design and
contract
construction of a rubber tramway for public transport in that town
by means of a procedure different to those laid down for the award
of public works contracts by Council Directive 93/37/EEC of
14 June 1993 concerning the coordination of procedures for the
award of public works contracts, the Italian Republic has failed to
fulfil its obligations under that Directive;

2. The Italian Republic is to pay the costs.

Operative part of the judgment

Commission Decision 2005/449/EC of 20 June 2005 concerning a
request for exemption from the vehicle tax rules submitted by France
pursuant to Article 6(2)(b) of Directive 1999/62/EC of the European
Parliament and of the Council on the charging of heavy goods vehicles
for the use of certain infrastructures cannot be relied on by an indivi-
dual against the French Republic, to which that decision was addressed,
in order to obtain the benefit of the exemption approved by that deci-
sion upon its notification or publication.

(1) OJ C 297, 8.12.2007.

(1) OJ C 79, 29.3.2008.