CELEX: C2007/211/08
Language: en
Date: 2007-09-08 00:00:00
Title: Case C-399/05: Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/38/EC — Procurement in the water, energy, transport and telecommunications sectors — Construction and bringing into operation of a thermal power station — Conditions of admission to the tendering procedure)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/5
            
         Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Hellenic Republic
   (Case C-399/05) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 93/38/EC - Procurement in the water, energy, transport and telecommunications sectors - Construction and bringing into operation of a thermal power station - Conditions of admission to the tendering procedure)
   (2007/C 211/08)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Patakia and X. Lewis, acting as Agents)
   
      Defendant: Hellenic Republic (represented by: D. Tsagkaraki and V. Christianos, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 4(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) — Admission of the tenders of two companies not meeting the conditions of the notice to tender or of the specification — Construction and bringing into operation of a thermal power station at Lavrio
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 22, 28.1.2006.