CELEX: 62017CA0526
Language: en
Date: 2019-09-18 00:00:00
Title: Case C-526/17: Judgment of the Court (Fifth Chamber) of 18 September 2019 — European Commission v Italian Republic (Failure of a Member State to fulfil obligations — Article 258 TFEU — Directive 2004/18/EC — Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts — Public works concession contracts — Extension of the duration of an existing concession for the construction and operation of a motorway, without publication of a contract notice)

25.11.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 399/4
            
         
      Judgment of the Court (Fifth Chamber) of 18 September 2019 — European Commission v Italian Republic
      (Case C-526/17) (1)
      
      (Failure of a Member State to fulfil obligations - Article 258 TFEU - Directive 2004/18/EC - Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts - Public works concession contracts - Extension of the duration of an existing concession for the construction and operation of a motorway, without publication of a contract notice)
      (2019/C 399/04)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: European Commission (represented by: G. Gattinara, P. Ondrůšek and A. Tokár, acting as Agents)
      
         Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and V. Nunziata, E. De Bonis and P. Pucciariello, avvocati dello Stato)
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Declares that, by extending the concession for the section of the A12 Livorno-Civitavecchia motorway from Livorno to Cecina (Italy) from 31 October 2028 to 31 December 2046, without publishing a contract notice, the Italian Republic has failed to fulfil its obligations under Articles 2 and 58 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended by Commission Regulation (EC) No 1422/2007 of 4 December 2007;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders the European Commission to bear its own costs and three quarters of the costs of the Italian Republic. The Italian Republic is ordered to bear one quarter of its own costs.
               
            
         (1)  OJ C 347, 16.10.2017.