CELEX: C2005/182/02
Language: en
Date: 2005-07-23 00:00:00
Title: Judgment of the Court (First Chamber) of 2 June 2005 in Case C-394/02: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/38/EEC — Public procurement in the water, energy, transport and telecommunications sectors — Contract for the construction of a conveyor-belt system for the thermal-electricity generation plant at Megalopolis — Failure to publish a contract notice — Technical reasons — Unforeseeable event — Extreme urgency)

23.7.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 182/1
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 2 June 2005
   in Case C-394/02: Commission of the European Communities v Hellenic Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directive 93/38/EEC - Public procurement in the water, energy, transport and telecommunications sectors - Contract for the construction of a conveyor-belt system for the thermal-electricity generation plant at Megalopolis - Failure to publish a contract notice - Technical reasons - Unforeseeable event - Extreme urgency)
   (2005/C 182/02)
   Language of the case: Greek
   In Case C-394/02: Commission of the European Communities (Agents: M. Nolin and M. Konstantinidis) v Hellenic Republic (Agents: P. Mylonopoulos, D. Tsagkaraki and S. Chala) — action under Article 226 EC for failure to fulfil obligations, brought on 8 November 2002 — the Court (First Chamber), composed of P. Jann (Rapporteur), President of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues, M. Ilešič and E. Levits, Judges; F.G. Jacobs, Advocate General; K. Sztranc, Administrator, for the Registrar, gave a judgment on 2 June 2005, in which it:
   
               1.
            
            
               Declares that, by reason of the award by the public electricity undertaking Dimosia Epicheirisi Ilektrismoy of the contract for the construction of a conveyor-belt system for the thermal-electricity generation plant at Megalopolis by means of a negotiated procedure without prior publication of a contract notice, the Hellenic Republic has failed to fulfil its obligations under Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Directive 98/4/EC of the European Parliament and the Council of 16 February 1998, and, in particular, under Articles 20(1) and 21 thereof;
            
         
               2.
            
            
               Orders the Hellenic Republic to pay the costs.
            
         
      (1)  OJ C 19 of 25.01.2003.