EN
C 173/24
Official Journal of the European Union
15.5.2023
Question referred Having regard to Article 14 TFEU, must Article 32(2)(c) of Directive 2014/24/EU (1) be interpreted restrictively as meaning that, in cases of extreme urgency, a public service contract for services of general interest may be awarded by competitive procedures with negotiation without prior publication even in the case where the event is foreseeable by the contracting authority and the circumstances invoked to justify extreme urgency are attributable to that contracting authority?
(1)
Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).
Action brought on 17 March 2023 — European Commission v Republic of Bulgaria (Case C-165/23) (2023/C 173/33) Language of the case: Bulgarian Parties Applicant: European Commission (represented by: Gr.
Koleva and C. Hermes, acting as Agents) Defendant: Republic of Bulgaria
Pleas in law and main arguments The present case concerns the failure on the part of the Republic of Bulgaria to fulfil its obligations under Article 13(2) and (5) Regulation (EU) No 1143/2014 (1) of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (‘the regulation’).
In accordance with Article 14(1) of the regulation, the Republic of Bulgaria should have, by 13 January 2018, established a surveillance system of invasive alien species of Union concern or included that surveillance in its existing system, which collects and records data on the occurrence in the environment of invasive alien species by survey, monitoring or other procedures to prevent the spread of invasive alien species into or within the Union.
The surveillance system must meet the requirements of Article 14(2) of the regulation.
In accordance with Article 13(2) and (5) of the regulation, the Republic of Bulgaria should have, by 13 July 2019, established and implemented one single action plan or a set of action plans and transmitted that plan or those plans to the Commission without delay.
The Republic of Bulgaria has failed to fulfil the abovementioned obligations.
Form of order sought The applicant claims that the Court should: 1. declare that, by failing to establish (or failing to integrate into its existing system) a surveillance system of invasive alien species of Union concern, including all the information referred to in Article 14(2), the Republic of Bulgaria failed to fulfil its obligations under Article 14(1) and (2) of Regulation (EU) No 1143/2014; 2. declare that, by failing to establish or implement a single action plan or set of actions, and failing to transmit that plan or those plans to the Commission, the Republic of Bulgaria failed to fulfil its obligations under Article 13(2) and (5) of Regulation (EU) No 1143/2014;