CELEX: C2006/326/76
Language: en
Date: 2006-12-30 00:00:00
Title: Case C-444/06: Action brought on 26 October 2006 — Commission of the European Communities v Kingdom of Spain

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 326/36
            
         Action brought on 26 October 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-444/06)
   (2006/C 326/76)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: X. Lewis, acting as Agent, C. Fernandez Vicién and I. Moreno-Tapia Rivas, lawyers)
   
      Defendan: Kingdom of Spain
   Form of order sought
   
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               declare that, by failing to provide for a mandatory period within which the contracting authority has to notify the decision on the award of the contract to all the bidders, by failing to provide for a mandatory waiting period between the decision on the award of the contract and its performance and by allowing an annulled contract to continue to have legal effect, the Kingdom of Spain has failed to fulfil its obligations under Article 2(1)(a) and (b) of Council Directive 89/665/EEC (1) 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
            
         
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               order Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   The Commission considers that the Spanish rule on the review of public contracts is not consistent with Directive 89/665 according to the interpretation given by the Court of Justice in Case C-81/98 Alcatel Austria and Others [1999] ECR I-7671.
   In particular, the Spanish legislation:
   does not provide for a mandatory period within which the contracting authority has to notify the decision on the award of the contract to all the bidders,
   does not provide for a mandatory waiting period between the decision on the award of the contract and its performance and,
   allows an annulled contract to continue to have legal effect.
   
      (1)  OJ 1989 L 395, p.33.