CELEX: 62006CJ0119
Language: en
Date: 2007-11-29 00:00:00
Title: Judgment of the Court (Third Chamber) of 29 November 2007.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Infringement of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts - Award of a contract without a call for tenders - Award of the contract for healthcare transport services in Tuscany.#Case C-119/06.

Judgment of the Court (Third Chamber) of 29 November 2007 – Commission v Italy
      (Case C‑119/06)
      Failure of a Member State to fulfil obligations – Infringement of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts
         – Award of a contract without a call for tenders – Award of the contract for healthcare transport services in Tuscany
      
      1.                     Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Scope (Council Directive 92/50)
            (see paras 34-52)
      2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 EC) (see paras
            57, 65-66)
      3.                     Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Award of contracts (Arts 43 EC
            and 49 EC; Council Directive 92/50) (see paras 63-64)
      Re: 
      
         Failure of a Member State to fulfil obligations – Infringement of Articles 11, 15 and 17 of Council Directive 92/50/EEC of
                  18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) –
                  Award of a contract without publication of the appropriate notice – Award of the contract for healthcare transport services
                  in Tuscany.
               
            Operative part
      
         
                   
               
               
                  
               
               
                  Action dismissed;
               
            
         
                   
               
               
                  
               
               
                  The Commission of the European Communities is ordered to pay the costs.