Keywords
Summary

Keywords

1. Actions against Member States for failure to fulfil obligations — Commission's right to bring an action — Exercise of that right not dependent on a specific interest in bringing an action — (Art. 226 EC)

2. Approximation of laws — Procedures for the award of public service contracts — Directive 92/50 — Award of contracts — Negotiated procedure without prior publication of a contract notice — Conditions governing permissibility — Technical or artistic reasons, or reasons connected with the protection of exclusive rights — Meaning — Environmental protection — Whether included — (Council Directive 92/50, Art. 11(3)(b))

Summary

1. In exercising its powers under Article 226 EC the Commission does not have to show that there is a specific interest in bringing an action. The provision is not intended to protect the Commission's own rights. The Commission's function, in the general interest of the Community, is to ensure that the Member States give effect to the Treaty and the provisions adopted by the institutions thereunder and to obtain a declaration of any failure to fulfil the obligations deriving therefrom with a view to bringing it to an end. Given its role as guardian of the Treaty, the Commission alone is therefore competent to decide whether it is appropriate to bring proceedings against a Member State for failure to fulfil its obligations and to determine the conduct or omission attributable to the Member State concerned on the basis of which those proceedings should be brought. It may therefore ask the Court to find that, in not having achieved, in a specific case, the result intended by the directive, a Member State has failed to fulfil its obligations.

see paras 29-30

2. Environmental protection is capable of constituting a technical reason for the purposes of Article 11(3)(b) of Directive 92/50 relating to the coordination of procedures for the award of public service contracts. That provision stipulates that contracting authorities may award public service contracts by negotiated procedure without prior publication of a contract notice when, for technical or artistic reasons, or for reasons connected with the protection of exclusive rights, the services may be provided only by a particular service provider. However, the procedure used where there is a technical reason of that kind must comply with the fundamental principles of Community law, in particular the principle of non-discrimination as it follows from the provisions of the Treaty on the right of establishment and the freedom to provide services.

see paras 59-60, 62