CELEX: 62007CJ0437
Language: en
Date: 2008-11-13
Title: Judgment of the Court (Third Chamber) of 13 November 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37.#Case C-437/07.

Judgment of the Court (Third Chamber) of 13 November 2008 – Commission v Italy
      (Case C‑437/07)
      Failure of a Member State to fulfil obligations – Design and construction of a municipal tramway – Public works contract – Award by means of a procedure for the award of a public works concession – Infringement of Directive 93/37
      Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Scope (Council Directive 93/37) (see paras 29-38)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council
                  Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ
                  1993 L 199, p. 54) – Infringement of the principles of transparency and non‑discrimination – Public works carried out by means
                  of ‘project financing’.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, in so far as the Comune di l’Aquila (Commune of Aquila) awarded a public works contract concerning the design
                     and construction of a rubber-tyred tramway for public transport in that town by means of a procedure different from those
                     laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination
                     of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that
                     directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Italian Republic to pay the costs.