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Document 62007CJ0292

Judgment of the Court (First Chamber) of 23 April 2009.
Commission of the European Communities v Kingdom of Belgium.
Failure of a Member State to fulfil obligations - Public procurement - Directive 2004/18/EC - Procedures for the award of public works contracts, public supply contracts and public service contracts - Incorrect or incomplete transposition - Failure to transpose within the prescribed period.
Case C-292/07.

European Court Reports 2009 I-00059*

ECLI identifier: ECLI:EU:C:2009:246





Judgment of the Court (First Chamber) of 23 April 2009 – Commission v Belgium

(Case C‑292/07)

Failure of a Member State to fulfil obligations – Public procurement – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Incorrect or incomplete transposition – Failure to transpose within the prescribed period

1.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249, third para., EC; Council Directive 2004/18) (see paras 68-70, 120, 122)

2.                     Actions for failure to fulfil obligations – Examination of the 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 paras 100, 155, 166)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, all the measures necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).

Operative part

The Court:

1.

Declares that by failing to adopt the laws, regulations and administrative provisions necessary to transpose or to transpose completely and/or correctly Article 1(2)(b), in conjunction with Annex I; the second sentence of Article 9(1); Article 9(8)(a)(i) and (iii); Article 23(2); Article 30(2) to (4); Article 31(1)(c); Article 38(1); point (d) of the first paragraph of Article 43; the second subparagraph of Article 44(2); Article 44(3) and (4); the first paragraph of Article 46; Article 48(2)(f); points (d) and (e) of the second subparagraph of Article 55(1); Article 55(3); the second and third subparagraphs of Article 67(2); the first paragraph of point (a) of Article 68; Article 72, and Article 74(1) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, as amended by Commission Regulation (EC) No 2083/2005 of 19 December 2005, the Kingdom of Belgium has failed to fulfil its obligations under that directive;

2.

Dismisses the action as to the remainder;

3.

Orders the Kingdom of Belgium to pay the costs.

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