CELEX: C2001/348/35
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-412/01: Action brought on 17 October 2001 by the Commission of the European Communities against the Italian Republic

C 348/20              EN                       Official Journal of the European Communities                                       8.12.2001
Action brought on 17 October 2001 by the Commission                       Article 36(2) of the Directive and is in breach of the general
of the European Communities against the Italian Republic                  principle of transparency in that it makes it possible to
                                                                          subdivide the objective criteria for assessing bids into sub-
                                                                          categories before the envelopes are unsealed. Finally, the
                                                                          Commission claims that, by failing to notify it of the adoption
                        (Case C-412/01)                                   of DPCM No 116/97 the Italian Republic has also infringed
                                                                          Article 44(2) of the Directive.
                        (2001/C 348/35)
                                                                          (1) OJ 1992 L 209, p. 1.
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 17 October
2001 by the Commission of the European Communities,
represented by Michel Nolin, acting as Agent, assisted by                 Action brought on 17 October 2001 by the Commission
Massimo Moretto, avvocato.                                                of the European Communities against the Kingdom of
                                                                                                         Spain
                                                                                                    (Case C-414/01)
The applicant claims that the Court should:
                                                                                                    (2001/C 348/36)
—     Declare that, by including in Article 2 of Decreto del
      Presidente del Consiglio dei Ministri (Decree of the
      President of the Council of Ministers — DPCM), No 116
      of 27 February 1997, by reference to Article 14 of                  An action against The Kingdom of Spam was brought
      Decreto Legislativo (Legislative Decree) No 157 of                  before the Court of Justice of the European Communities on
      17 March 1995, among the criteria for awarding con-                 17 October 2001 by the Commission of the European
      tracts which the awarding authorities may take into                 Communities, represented by I. Martı́nez del Peral, acting as
      consideration when determining the most economically                Agent, with an address for service in Luxembourg at the office
      advantageous offer, the selection criteria listed in                of L Escobar, of the Commission Legal Service, C-254 Wagner
      Article 32 of Directive 92/50/EEC (1) and by including              Centre.
      among the criteria for awarding contracts the provision
      of quality assurance together with ‘further information as
      may be required by the awarding authorities with the                The applicant claims that the Court should:
      purpose of matching the bidder with the service under
      tender’, and by failing, furthermore, to communicate to             —     Declare that, by failing to adopt and bring into force the
      the Commission the text of DPCM No 116/97, the Italian                    laws, regulations and administrative provisions necessary
      Republic has failed to fulfil its obligations under Directive             to comply with Directive 97/7/EC of the European
      92/50/EEC and, in particular, Articles 23, 32, 36 and 44                  Parliament and of the Council of 20 May 1997 on
      thereof,                                                                  the protection of consumers in respect of distance
                                                                                contracts (1), or, in any event, by failing to communicate
                                                                                to the Commission the adoption of such provisions, the
—     Order the Italian Republic to pay the costs.                              Kingdom of Spain has failed to fulfil its obligations, under
                                                                                Article 15(1) of that Directive,
                                                                          —     Order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
                                                                          Pleas in law and main arguments
The Commission takes the view that the contested provisions               Under Article 15(1) of Directive 97/7/EC, the Kingdom of
of DPCM No 116/97 are clearly in conflict with Directive                  Spain should have adopted the measures necessary to comply
92/50/EEC, inasmuch as they provide for the application of                therewith by 4 June 2000.
assessment criteria concerning the technical ability of compet-
ing bidders additionally at the stage of determining the most
                                                                          (1) OJ 1997 L 144, p. 19.
financially advantageous offer, thereby blurring the distinction
between the selection and awarding stages. Furthermore, the
Commission is of the view that the DPCM in question infringes