CELEX: C2007/269/08
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-260/04: Judgment of the Court (Fourth Chamber) of 13 September 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Freedom of establishment and freedom to provide services — Public service concessions — Renewal of 329 horse-race betting licences without inviting competing bids — Requirements of publication and transparency)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/4
            
         Judgment of the Court (Fourth Chamber) of 13 September 2007 — Commission of the European Communities v Italian Republic
   (Case C-260/04) (1)
   
   (Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Public service concessions - Renewal of 329 horse-race betting licences without inviting competing bids - Requirements of publication and transparency)
   (2007/C 269/08)
   Language of the case: Italian
   Parties
   
      Applicant: Commission of the European Communities (represented by: K. Wiedner, C. Cattabriga and L. Visaggio, Agents)
   
      Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, and G. De Bellis, Lawyer)
   
      Interveners in support of the defendant: Kingdom of Denmark (represented by: J. Molde, Agent), Kingdom of Spain (represented by: F. Díez Moreno, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of the principle of transparency and the requirement to advertise pursuant to Article 43 et seq. EC and Article 49 et seq. EC — Renewal of 329 horse-racing betting licences without inviting competing bids.
   Operative part of the judgment
   The Court:
   
               1)
            
            
               Declares that, by renewing 329 licences for horse-race betting operations without inviting any competing bids, the Italian Republic failed to fulfil its obligations under Articles 43 and 49 EC and, in particular, infringed the general principle of transparency and the obligation to ensure a sufficient degree of advertising.
            
         
               2)
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 217, 28.8.2004.