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Document 62007CJ0289

Judgment of the Court (Seventh Chamber) of 3 April 2008.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 2004/17/EC - Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors - Failure to transpose within the prescribed period.
Case C-289/07.

European Court Reports 2008 I-00054*

ECLI identifier: ECLI:EU:C:2008:198





Judgment of the Court (Seventh Chamber) of 3 April 2008 – Commission v Portugal

(Case C‑289/07)

Failure of a Member State to fulfil obligations – Directive 2004/17/EC – Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors – Failure to transpose within the prescribed period

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 9)

Re:

Failure of a Member State to fulfil its obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1).

Operative part

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, the Portuguese Republic has failed to fulfil its obligations under Article 71 of that directive;

2.

Orders the Portuguese Republic to pay the costs.

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