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Document C2006/036/20

Judgment of the Court (Second Chamber) of 27 October 2005 in Joined Cases C-187/04 and C-188/04: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 93/37/EEC — Public works contracts — Public works concessions — Rules on advertising)

OJ C 36, 11.2.2006, p. 11–12 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

11.2.2006   

EN

Official Journal of the European Union

C 36/11


JUDGMENT OF THE COURT

(Second Chamber)

of 27 October 2005

in Joined Cases C-187/04 and C-188/04: Commission of the European Communities v Italian Republic (1)

(Failure of a Member State to fulfil obligations - Directive 93/37/EEC - Public works contracts - Public works concessions - Rules on advertising)

(2006/C 36/20)

Language of the case: Italian

In Joined Cases C-187/04 and C-188/04 Commission of the European Communities (Agent: K. Wiedner, Lawyer: G. Bambara) v Italian Republic (Agent: I.M. Braguglia, Lawyer: M. Fiorilli) — two actions under Article 226 EC for failure to fulfil obligations, brought on 22 April 2004 — the Court (Second Chamber), composed of C.W.A Timmermans, President of the Chamber, J. Makarczyk (Rapporteur), R. Silva de Lapuerta, P. Kūris and J. Klučka, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 27 October 2005, in which it:

1.

Declares that, since the public invitation ANAS S.p.A. awarded the contract for the construction and management of the Valtrompia and Pedemontana Veneta Ovest motorways to the Società per l'autostrada Brescia-Verona-Vicenza-Padova p.a. by direct concession without prior publication of a contract notice, where the requirements for such a concession were not met, the Italian Republic has failed to fulfil its obligations under Council Directive 93/37/EEC of 14 June 1993 coordinating the procedures for the award of public works contracts and in particular Articles 3(1) and 11(3), (6) and (7) thereof;

2.

Orders the Italian Republic to pay the costs.


(1)  OJ C 179 of 10.7.2004

OJ C 168 of 26.6.2004.


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