CELEX: C2004/300/43
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Third Chamber) of 14 October 2004 in Case C-275/03: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Directive 89/665/EEC — Review procedures for the award of public supply and public works contracts — Incomplete transposition)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/21
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 14 October 2004
   in Case C-275/03: Commission of the European Communities v Portuguese Republic (1)
   
   (Failure by a Member State to fulfil its obligations - Directive 89/665/EEC - Review procedures for the award of public supply and public works contracts - Incomplete transposition)
   (2004/C 300/43)
   Language of the case: Portuguese
   In Case C-275/03: Commission of the European Communities (Agents: A. Caeiros and K. Wiedner) v Portuguese Republic (Agents: L. Fernandes and C. Gagliardi Graça ) — action under Article 226 EC for failure to fulfil obligations, brought on 25 June 2003 — the Court (Third Chamber), composed of: A. Rosas, President of the Chamber, A. Borg Barthet, J.-P. Puissochet (Rapporteur), S. von Bahr and U. Lõhmus, Judges; C. Stix-Hackl, Advocate General; R.Grass, Registrar, has given a judgment on 14 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to repeal the Decree-Law No 48051 of 21 November 1967, making the award of damages to persons harmed by a breach of Community law relating to public contracts, or the national laws implementing it, conditional on proof of fault or fraud, the Portuguese Republic has failed to fulfil its obligations under Article 1(1) and Article 2(1)(c) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 213 of 6.9.2003.