CELEX: 62005CJ0399
Language: en
Date: 2007-07-18
Title: Judgment of the Court (Third Chamber) of 18 July 2007.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Directive 93/38/EC - Procurement in the water, energy, transport and telecommunications sectors - Construction and bringing into operation of a thermal power station - Conditions of admission to the tendering procedure.#Case C-399/05.

Judgment of the Court (Third Chamber) of 18 July 2007 – Commission v Greece
      (Case C‑399/05)
      Failure of a Member State to fulfil obligations – Directive 93/38/EEC – Procurement in the water, energy, transport and telecommunications sectors – Construction and bringing into operation of a thermal power station – Conditions of admission to the tendering procedure
      1.                     Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors
            – Directive 93/38 (Council Directive 93/38) (see para. 22)
      2.                     Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors
            – Directive 93/38 (Council Directive 93/38) (see paras 28, 35, 45)
      Re: 
      
         Failure of a Member State to fulfil obligations – Infringement of Article 4(2) 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) – Admission of the tenders of two companies not meeting the conditions of the notice to tender or of
                  the specification – Construction and bringing into operation of a thermal power station at Lavrio.
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Dismisses the action.
               
            
         
                   
               
               
                  
               
               
                  Orders the Commission of the European Communities to pay the costs.