CELEX: C2004/168/04
Language: en
Date: 2004-06-26 00:00:00
Title: Case C-188/04: Action brought on 22 April 2004 by the Commission of the European Communities against the Italian Republic

26.6.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 168/2
            
         Action brought on 22 April 2004 by the Commission of the European Communities against the Italian Republic
   (Case C-188/04)
   (2004/C 168/04)
   An action against the Italian Republic was brought before the Court of Justice of the European Communities on 22 April 2004 by the Commission of the European Communities, represented by K. Wiedner and G. Bambara, acting as Agents.
   The applicant claims that the Court should:
   
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               Declare that, since ANAS S.p.A. awarded the concession for the construction and management of the ‘Pedemontana Veneta Ovest’ motorway to the Società per l'autostrada Brescia-Verona-Vicenza-Padova p.a., by direct concession by means of a contract signed on 7 December 1999 without prior publication of a notice, and where the requirements for such a concession were not met, the Italian Republic has failed to fulfil its obligations under Council Directive 93/37/EEC (1) of 14 June 1993 coordinating the procedures for the award of public works contracts and in particular Articles 3(1) and 11(3), (6) and (7) thereof;
            
         
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               Order the Italian Republic to pay to the costs.
            
         Pleas in law and main arguments:
   According to the Commission, ANAS's concession relating to the construction and management of the ‘Pedemontana Veneta Ovest’ motorway without prior publication of a notice does not comply with Directive 93/37/EEC and in particular with Articles 3(1) and 11(3), (6) and (7) thereof.
   Article 3 of the Directive provides for the application of certain advertising rules at Community level where the contracting authorities conclude a public works concession contract if the value of that contract exceeds EUR 5 million. In particular, under Article 11(3) of the directive, contracting authorities wishing to award a works concession contract must make known that intention by means of a notice to be sent, pursuant to Article 11(7) of the directive, to the Office for Official Publications of the European Communities.
   Since the contract for the construction and management of the ‘Pedemontana Veneta Ovest’ motorway is worth approximately EUR 350 million, it clearly should have been the subject of publication in the Official Journal of the European Communities.
   
      (1)  OJ L 199 of 9.8.1993, p. 54.