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Document C2005/082/04
Judgment of the Court of Justice (Second Chamber) of 13 January 2005 in Case C-84/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directives 93/36/EEC and 93/37/EEC — Public contracts — Award procedure for public supply and public works contracts — Scope — Definition of contracting authority — Inter-administrative cooperation agreements — Definition of contract — Use of the negotiated procedure in cases not provided for by the directive)
Judgment of the Court of Justice (Second Chamber) of 13 January 2005 in Case C-84/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directives 93/36/EEC and 93/37/EEC — Public contracts — Award procedure for public supply and public works contracts — Scope — Definition of contracting authority — Inter-administrative cooperation agreements — Definition of contract — Use of the negotiated procedure in cases not provided for by the directive)
Judgment of the Court of Justice (Second Chamber) of 13 January 2005 in Case C-84/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directives 93/36/EEC and 93/37/EEC — Public contracts — Award procedure for public supply and public works contracts — Scope — Definition of contracting authority — Inter-administrative cooperation agreements — Definition of contract — Use of the negotiated procedure in cases not provided for by the directive)
JO C 82, 2.4.2005, p. 2–3
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
2.4.2005 |
EN |
Official Journal of the European Union |
C 82/2 |
JUDGMENT OF THE COURT OF JUSTICE
(Second Chamber)
of 13 January 2005
in Case C-84/03 Commission of the European Communities v Kingdom of Spain (1)
(Failure to fulfil obligations - Directives 93/36/EEC and 93/37/EEC - Public contracts - Award procedure for public supply and public works contracts - Scope - Definition of contracting authority - Inter-administrative cooperation agreements - Definition of contract - Use of the negotiated procedure in cases not provided for by the directive)
(2005/C 82/04)
Language of the case: Spanish
In Case C-84/03, concerning an action for failure to fulfil obligations under Article 226 EC, brought on 26 February 2003 by the Commission of the European Communities (Agents: K. Wiedner and G. Valero Jordana) against the Kingdom of Spain (Agent: S. Ortiz Vaamonde), the Court of Justice (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen, J. Makarczyk (Rapporteur), G. Arestis and J. Klučka, Judges; Advocate General, J. Kokott; Registrar, R. Grass, gave a judgment on 13 January 2005, in which it:
1. |
Declares that by failing to transpose correctly into its national legal system Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts and Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts and, in particular,
the Kingdom of Spain has failed to fulfil its obligations under those directives; |
2. |
Orders the Kingdom of Spain to pay the costs. |