Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
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

Document 62007CJ0437

    Judgment of the Court (Third Chamber) of 13 November 2008.
    Commission of the European Communities v Italian Republic.
    Failure of a Member State to fulfil obligations - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37.
    Case C-437/07.

    European Court Reports 2008 I-00153*

    ECLI identifier: ECLI:EU:C:2008:624





    Judgment of the Court (Third Chamber) of 13 November 2008 – Commission v Italy

    (Case C‑437/07)

    Failure of a Member State to fulfil obligations – Design and construction of a municipal tramway – Public works contract – Award by means of a procedure for the award of a public works concession – Infringement of Directive 93/37

    Approximation of laws – Procedures for the award of public works contracts – Directive 93/37 – Scope (Council Directive 93/37) (see paras 29-38)

    Re:

    Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) – Infringement of the principles of transparency and non‑discrimination – Public works carried out by means of ‘project financing’.

    Operative part

    The Court:

    1.

    Declares that, in so far as the Comune di l’Aquila (Commune of Aquila) awarded a public works contract concerning the design and construction of a rubber-tyred tramway for public transport in that town by means of a procedure different from those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that directive;

    2.

    Orders the Italian Republic to pay the costs.

    Top