CELEX: 62007CJ0273
Language: en
Date: 2008-02-26
Title: Judgment of the Court (Sixth Chamber) of 26 February 2008. # Commission of the European Communities v Grand Duchy of Luxemburg. # Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedures for the award of contracts. # Case C-273/07.

Judgment of the Court (Sixth Chamber) of 26 February 2008 – Commission v Luxembourg
      (Case C‑273/07)
      Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedures for the award of contracts
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 10)
      Re: 
      
         
               Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the provisions necessary
                  to comply with Commission Directive 2005/51/EC of 7 September 2005, amending Annex XX to Directive 2004/17/EC and Annex VIII
                  to Directive 2004/18/EC of the European Parliament and the Council on public procurement (OJ 2005 L 257, p. 127).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission
                     Directive 2005/51/EC of 7 September 2005, amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC
                     of the European Parliament and the Council on public procurement, the Grand Duchy of Luxembourg has failed to fulfil its obligations
                     under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.