CELEX: C2005/315/04
Language: en
Date: 2005-12-10 00:00:00
Title: Judgment of the Court (Third Chamber) of  20 October 2005  in Case C-264/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Public contracts — Directive 92/50/EEC — Procedures for the award of public service contracts — Freedom to provide services — Agency of delegated project contracting — Persons to whom the task of delegated project contracting may be entrusted — Exhaustive list of legal persons created under French law)

10.12.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 315/2
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 20 October 2005
   in Case C-264/03: Commission of the European Communities v French Republic (1)
   
   (Failure of a Member State to fulfil obligations - Public contracts - Directive 92/50/EEC - Procedures for the award of public service contracts - Freedom to provide services - Agency of delegated project contracting - Persons to whom the task of delegated project contracting may be entrusted - Exhaustive list of legal persons created under French law)
   (2005/C 315/04)
   Language of the case: French
   In Case C-264/03: ACTION under Article 226 EC for failure to fulfil obligations, brought on 17 June 2003, Commission of the European Communities (Agents: B. Stromsky, K. Wiedner and F. Simonetti) v French Republic (Agents: G. de Bergues and D. Petrausch — the Court (Third Chamber), composed of A. Rosas (Rapporteur), President of the Chamber, J. Malenovský, J.-P. Puissochet, A. Borg Barthet and U. Lõhmus, Judges; Advocate General: M. Poiares Maduro, Registrar: K. Sztranc, Administrator, gave a judgment on 20 October 2005, in which it:
   Declares that, by reserving, in Article 4 of Law No 85-704 of 12 July 1985 on public project contracting and its relationship to private project management, as amended by Law No 96-987 of 14 November 1996 on the implementation of the urban revival pact, the task of delegated project contracting to an exhaustive list of legal persons created under French law, the French Republic has failed to fulfil its obligations under Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, and under Article 49 EC.
   
      (1)  OJ C 200 of 23.08.2003.