CELEX: 62005CJ0371
Language: en
Date: 2008-07-17 00:00:00
Title: Judgment of the Court (Second Chamber) of 17 July 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Directive 92/50/EEC - Articles 11 and 15(2) - Public service contracts - Award of IT services for the commune of Mantova (Italy) - Direct award without prior publication of a notice to tender.#Case C-371/05.

Judgment of the Court (Second Chamber) of 17 July 2008 – Commission v Italy
      (Case C‑371/05)
      Failure of a Member State to fulfil obligations – Directive 92/50/EEC – Articles 11 and 15(2) – Public service contracts – Award of IT services for the commune of Mantova (Italy) – Direct award without prior publication of a notice to tender
      Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Scope – Contracting authority holding shares in a company which is legally separate from it with one or more bodies constituted under
         private law (Council Directive 92/50) (see paras 22, 24, 26, 29-33)
      
      Re:
      
         
               Failure of a Member State to fulfil obligations – Infringement of Articles 11 and 15(2) of Council Directive 92/50/EEC of
                  18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) –
                  Award of IT services for the Commune di Mantova – Direct award without prior publication of a contract notice.
               
            Operative part: 
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Commission of the European Communities to pay the costs.