CELEX: 62007CJ0272
Language: en
Date: 2008-06-24 00:00:00
Title: Judgment of the Court (Eighth Chamber) of 24 June 2008. # Commission of the European Communities v Grand Duchy of Luxemburg. # Public procurement - Directive 2004/18/EC - Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts - Failure to transpose within the prescribed period. # Case C-272/07.

Judgment of the Court (Eighth Chamber) of 24 June 2008 – Commission v Luxembourg
      (Case C‑272/07)
      Public procurement – Directive 2004/18/EC – Coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
         – Failure to transpose within the prescribed period
      
      1.                     Acts of the institutions – Directives – Implementation by Member States – Transposition of a directive without legislative
            action (Art. 249 EC) (see paras 10-11)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            (Art. 226 EC) (see paras 13-14)
      3.                     Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 15)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to take, within the prescribed period, the measures necessary to
                  comply with 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 (OJ 2004 L 134, p. 114).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, in failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions
                     necessary to comply with 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, the Grand Duchy
                     of Luxembourg has failed to fulfil its obligations under that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Grand Duchy of Luxembourg to pay the costs.