CELEX: 62007CA0437
Language: en
Date: 2008-11-13 00:00:00
Title: 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)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/8
            
         Judgment of the Court (Third Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic
   (Case C-437/07) (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)
   (2009/C 6/13)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: C. Zadra and D. Kukovec, Agents)
   
      Defendant: Italian Republic (represented by: I. Braguglia and G. Fiengo, Agents)
   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 coordination 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
   
               1.
            
            
               In so far as the Comune di l'Aquila (Municipality of Aquila) awarded a public works contract concerning the design and 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.
            
         
      (1)  OJ C 297, 8.12.2007.