CELEX: 62006CJ0217
Language: en
Date: 2007-10-04
Title: Judgment of the Court (Second Chamber) of 4 October 2007. # Commission of the European Communities v Italian Republic. # Failure of Member State to fulfil obligations - Public works contracts - Directive 71/305/EEC - Meaning and definition of a public works contract - Failure which has produced all its effects. # Case C-217/06.

Judgment of the Court (Second Chamber) of 4 October 2007 – Commission v Italy
      (Case C‑217/06)
      Failure of Member State to fulfil obligations – Public works contracts – Directive 71/305/EEC – Meaning and definition of a public works contract – Failure which has produced all its effects
      1.                     Actions for failure to fulfil obligations – Infringement terminated before the expiry of the period laid down in the reasoned
            opinion – Inadmissible (Art. 226 EC) (see para. 21)
      2.                     Community law – Principles – Protection of legitimate expectations – Scope (Council Directive 71/305) (see para. 23)
      Re: 
      
         Failure of Member State to fulfil obligations – Infringement of Articles 3 and 12 of Council Directive 71/305/EEC of 26 July
                  1971 concerning the co-ordination of procedures for the award of public works contracts (OJ 1971 L 185, p. 5) – Award, after
                  private negotiation and without publication of a notice of invitation to tender, of a works contract for the performance of
                  works specified in resolution No 48 of the Municipal Council of Stintino of 14 December 1989, in particular: ‘the design and
                  execution of works relating to the technical and structural modernisation, maintenance and completion of the water supply
                  and drainage networks, the road network, and structures and facilities serving the centre of population, the external villages
                  and the tourist zones of the territory of the commune of Stintino, and including the cleaning and decontamination of the coast
                  and tourist centres of that commune’.
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that by allowing execution of at least one of the operations entrusted by the commune of Stintino to the company
                     Maresar Soc. Cons arl under the Agreement No 7/91 signed on 2 October 1991 and additional measures subsequently agreed by
                     the same parties, the Italian Republic has failed to fulfil its obligations under Council Directive 71/305/EEC of 26 July
                     1971 concerning the co-ordination of procedures for the award of public works contracts, and in particular Articles 3 and
                     12 thereof;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Italian Republic to pay the costs.