CELEX: C1996/336/27
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 19 September 1996 in Case C-236/95: Commission of the European Communities v. Hellenic Republic (Failure by a Member State to fulfil its obligations - Failure to implement Directive 89/665/EEC within the prescribed period - Review procedures relating to public supply and public works contracts)

9 . 11 . 96           EN                   Official Journal of the European Communities                                 No C 336/ 15
 Chamber, G. F. Mancini and H. Ragnemalm ( Rapporteur),                 1 . Declares that, by not adopting within the prescribed
Judges; D. Ruiz-Jarabo Colomer, Advocate-General; D.                          period the laws, regulations and administrative
 Louterman-Hubeau, Principal Administrator, for the                          provisions necessary to comply fully with Council
 Registrar, has given a judgment on 17 September 1996 , in                    Directive 89/665/EEC of 21 December 1989 on the
 which it rules :                                                             coordination ofthe laws, regulations and administrative
                                                                             provisions relating to the application of review
 1 . By adopting four Ministry of Health Decrees, namely                     procedures to the award of public supply and public
      No 256 of 1 August 1990, No 257 of 1 August 1990 and                    works contracts, the Hellenic Republic has failed to
      those of 1 September 1990 and 7 June 1991 , without                    fulfil its obligations pursuant to Article 5 of that
      notifying them to the Commission at the draft stage, the                Directive;
      Italian Republic failed to fulfil its obligations pursuant
      to Article 8 of Council Directive 83/189/EEC of                  2 . Orders the Hellenic Republic to pay the costs.
      28 March 1983 laying down a procedure for the
      provision of information in the field of technical               (') OJ No C 248 , 23 . 9 . 1995 .
      standards and regulations, as amended by Council                 ( 2 ) OJ No L 395 , 1989 , p . 33 .
      Directive 88/182/EEC of 22 March 1988.
2 . The Italian Republic is ordered to pay the costs.
(M OJ No C 351 , 10 . 12 . 1994 .
                                                                                            ORDER OF THE COURT
( 2 ) OJ No L 109 , 1983 , p . 8 .
( 3 ) OJ No L 81 , 1988 , p . 75 .                                                               of 11 July 1996
                                                                       in Case C-445/93 : European Parliament v. Commission of
                                                                       the European Communities, supported by the French
                                                                       Republic and the United Kingdom of Great Britain and
                                                                                               Northern Ireland ( 1 )
                JUDGMENT OF THE COURT                                                   (Case not proceeding to judgment)
                          ( Fifth Chamber)                                                        ( 96/C 336/28 )
                     of 19 September 1996
                                                                                          (Language of the case: French)
       in Case C-236/95 : Commission of the European
             Communities v. Hellenic Republic ( x )                    In Case C-445/93 : European Parliament ( Agents : J. Schoo
(Failure by a Member State to fulfil its obligations — Failure         and J. L. Rufas Quintana ) v. Commission of the European
to implement Directive 89/665/EEC within the prescribed                Communities ( Agents : J.-L . Dewost, D. Sorasio and P. van
period — Review procedures relating to public supply and              Nuffel ), supported by the French Republic ( Agents : J. F.
                    public works contracts)                            Dobelle, C. de Salins and C. Chavance ) and the United
                            ( 96/C 336/27)                             Kingdom of Great Britain and Northern Ireland ( Agent: J. E.
                                                                       Collins, assisted by The Right Honourable the Lord Rodger
                 (Language of the case: Greek)                         of Earlsferry, S. Richards and E. Sharpston ) — application
                                                                       for a declaration that the Commission has failed, contrary to
                                                                      the Treaty, to submit the necessary proposals for the
(Provisional translation; the definitive translation will be          establishment of freedom of movement for persons within
           published in the European Court Reports)                   the internal market, pursuant to Article 7a of the EC Treaty
                                                                      — the Court, composed of G. C. Rodriguez Iglesias,
In Case C-236/95 : Commission of the European                         President, C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet
Communities ( Agent: Dimitrios Gouloussis ) v. Hellenic                and G. Hirsch, Presidents of Chambers, G. F. Mancini, J. C.
Republic ( Agents : Aikaterini Samoni-Rantou and Dimitra              Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann, J. L.
Tsagkaraki ) — application for a declaration that by not              Murray, P. Jann, H. Ragnemalm and M. Wathelet
adopting or not notifying to the Commission within the                 ( Rapporteur ), Judges; A. La Pergola , Advocate-General; R.
prescribed period, the laws, regulations and administrative            Grass, Registrar, made an order on 11 July 1996, the
provisions necessary to comply fully with Council Directive           operative part of which is as follows :
89/665/EEC of 21 December 1989 on the coordination of
the laws, regulations and administrative provisions relating           1 . There is no need to give a decision on the
to the application of review procedures to the award of                      application.
public supply and public works contracts (2 ), the Hellenic
Republic has failed to fulfil its obligations under the EC
Treaty and that Directive — the Court ( Fifth Chamber),               2 . The parties, including the interveners, are ordered to
                                                                             bear their own costs .
composed of: D. A. O. Edward, President of the Chamber,
J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann,
L. Sevón and M. Wathelet, Judges; P. Leger,                            (') OJ No C 1 , 4 . 1 . 1994 ( not for publication in the Court
Advocate-General; H. A. Rühl, Principal Administrator, for                   Reports ).
the Registrar, has given a judgment on 19 September 1996 ,
in which it: