CELEX: C2003/289/01
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 16 October 2003 in Case C-283/00: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Public procurement — Directive 93/37/EEC — Procedure for the award of public works contracts — State commercial company governed by private law — Company's object consisting of the implementation of a plan for repaying the costs of and establishing prisons — Concept of "contracting authority")

29.11.2003              EN                           Official Journal of the European Union                                                   C 289/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       contracting authority for the purposes of Article 1(b) of
                                                                             Council Directive 93/37/EEC of 14 June 1993 concerning the
                                                                             coordination of procedures for the award of public works
                         (Sixth Chamber)                                     contracts (OJ 1993 L 199, p. 54), the amount of which far
                                                                             exceeds the threshold provided for by that directive, by failing
                       of 16 October 2003                                    to comply with all the provisions of that directive and, more
                                                                             specifically, the advertising rules laid down in Article 11(2),
                                                                             (6), (7) and (11), and the provisions of Articles 12(1), 29(3),
in Case C-283/00: Commission of the European Communi-                        18, 27 and 30(4), the Kingdom of Spain has failed to fulfil its
                   ties v Kingdom of Spain (1)                               obligations under Community law, the Court (Sixth Chamber),
                                                                             composed of: J.-P. Puissochet, President of the Chamber,
                                                                             R. Schintgen, V. Skouris (Rapporteur), N. Colneric and
(Failure of a Member State to fulfil its obligations — Public                J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
procurement — Directive 93/37/EEC — Procedure for                            R. Grass, Registrar, has given a judgment on 16 October 2003,
the award of public works contracts — State commercial                       in which it:
company governed by private law — Company’s object
consisting of the implementation of a plan for repaying the
costs of and establishing prisons — Concept of ‘contracting
                             authority’)                                     1.    Declares that, by failing to comply with all the provisions of
                                                                                   Council Directive 93/37/EEC of 14 June 1993 concerning the
                                                                                   coordination of procedures for the award of public works
                         (2003/C 289/01)                                           contracts in connection with the call for tenders for the execution
                                                                                   of works for the Centro Educativo Penitenciario Experimental
                                                                                   de Segovia issued by the Sociedad Estatal de Infraestruturas y
                   (Language of the case: Spanish)
                                                                                   Equipamientos Penitenciarios S.A. (‘SIEPSA’), a company
                                                                                   falling within the definition of a contracting authority for the
(Provisional translation; the definitive translation will be published             purposes of Article 1(b) of the Directive, the Kingdom of Spain
                   in the European Court Reports)                                  has failed to fulfil its obligations under that directive;
                                                                             2.    Orders the Kingdom of Spain to pay the costs.
In Case C-283/00, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
M. Lópes-Monís Gallego): Application for a declaration that, in
connection with the call for tenders for the execution of works              (1) OJ C 259 of 9.9.2000.
for the Centro Educativo Penitenciario Experimental de Segovia
(Experimental Educational Prison, Segovia) issued by the
Sociedad Estatal de Infraestruturas y Equipamientos Penitencia-
rios S.A., a company falling within the definition of a