CELEX: C2004/273/07
Language: en
Date: 2004-11-06 00:00:00
Title: Judgment of the Court (Second Chamber) of 14 September 2004 in Case C-385/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 93/37/EEC — Public works contracts — Negotiated procedure without prior publication of a contract notice)

6.11.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/4
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 14 September 2004
   in Case C-385/02: Commission of the European Communities v Italian Republic (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 93/37/EEC - Public works contracts - Negotiated procedure without prior publication of a contract notice)
   (2004/C 273/07)
   Language of the case: Italian
   In Case C-385/02: Commission of the European Communities (Agents: K. Wiedner and R. Amorosi) v Italian Republic (Agent: M. Fiorilli) — action under Article 226 EC for failure to fulfil obligations, brought before the Court on 28 October 2002, — the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet, J.N. Cunha Rodrigues (Rapporteur), R. Schintgen and N. Colneric, Judges; J. Kokott, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, has given a judgment on 14 September 2004, in which it:
   
               1.
            
            
               Declares that, as the Magistrato per il Po di Parma, a local agency of the Ministry of Public Works (now the Ministry for Infrastructure and Transport) awarded contracts for the completion of the construction of an overflow basin to retain flood waters of the Parma watercourse in the Marano area (in the Parma commune) as well as for works relating to the development and completion of an overflow basin for the Enza watercourse and to the retention of flood waters of the Terdoppio watercourse south-west of Cerano by the negotiated procedure without prior publication of a contract notice, when the conditions necessary in that regard were not satisfied, the Italian Republic has failed to fulfil its obligations under Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts;
            
         
               2.
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 323 of 21.12.2002.