CELEX: 62009CJ0251
Language: en
Date: 2011-02-17 00:00:00
Title: Judgment of the Court (Second Chamber) of 17 February 2011.#European Commission v Republic of Cyprus.#Public works contracts and supply contracts - Water, energy, transport and telecommunications sectors - Directive 93/38/EEC - Contract notice - Award criteria - Equal treatment of tenderers - Principle of transparency - Directive 92/13/EEC - Review procedure - Requirement to state reasons for a decision to eliminate a tenderer.#Case C-251/09.

Judgment of the Court (Second Chamber) of 17 February 2011 – Commission v Cyprus
      (Case C-251/09)
      Public works contracts and supply contracts – Water, energy, transport and telecommunications sectors – Directive 93/38/EEC – Contract notice – Award criteria – Equal treatment of tenderers – Principle of transparency – Directive 92/13/EEC – Review procedure – Requirement to state reasons for a decision to eliminate a tenderer
      1.                     Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors
            – Directive 93/38 – Award of contracts – Principle of equal treatment of tenderers – Extent (Council Directive 93/38, Art.
            4(2)) (see paras 38-40)
      2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing
            failure – Presumptions – Not permissible (Art. 226 EC) (see paras 46-47)
      3.                     Approximation of laws – Review procedures in respect of the award of public supply and public works contracts – Directives
            89/665 and 92/13 – Member States' duty to provide for a review procedure (Council Directives 89/665 and 92/13, Art. 1(1))
            (see paras 56-58)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Infringement of Articles 4(2) and 31(1) of Council Directive 93/38/EEC of
                  14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications
                  sectors (OJ 1993 L 199, p. 84) – Infringement of Article 1(1) of Council Directive 92/13/EEC of 25 February 1992 coordinating
                  the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures
                  of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) – Requirement to
                  state reasons for a decision to eliminate a tenderer – Requirement to ensure that decisions taken by the contracting authorities
                  may be reviewed effectively and as rapidly as possible – Principles of equal treatment and transparency.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Order the European Commission to pay the costs.