Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62009CJ0251

Presuda Suda (drugo vijeće) od 17. veljače 2011.
Europska komisija protiv Republike Cipar.
Predmet C-251/09.

ECLI identifier: ECLI:EU:C:2011:84





Judgment of the Court (Second Chamber) of 17 February 2011 – Commission v Cyprus

(Case C-251/09)

Public works contracts and supply contracts – Water, energy, transport and telecommunications sectors – Directive 93/38/EEC – Contract notice – Award criteria – Equal treatment of tenderers – Principle of transparency – Directive 92/13/EEC – Review procedure – Requirement to state reasons for a decision to eliminate a tenderer

1.                     Approximation of laws – Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors – Directive 93/38 – Award of contracts – Principle of equal treatment of tenderers – Extent (Council Directive 93/38, Art. 4(2)) (see paras 38-40)

2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing failure – Presumptions – Not permissible (Art. 226 EC) (see paras 46-47)

3.                     Approximation of laws – Review procedures in respect of the award of public supply and public works contracts – Directives 89/665 and 92/13 – Member States' duty to provide for a review procedure (Council Directives 89/665 and 92/13, Art. 1(1)) (see paras 56-58)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 4(2) and 31(1) 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) – Infringement of Article 1(1) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) – Requirement to state reasons for a decision to eliminate a tenderer – Requirement to ensure that decisions taken by the contracting authorities may be reviewed effectively and as rapidly as possible – Principles of equal treatment and transparency.

Operative part

The Court:

1.

Dismisses the action;

2.

Order the European Commission to pay the costs.

Top