Judgment of the Court (Second Chamber) of 17 July 2008 — Commission of the European Communities v Italian Republic

(Case C-371/05) (1)

(Failure of a Member State to fulfil obligations - Directive 92/50/EEC - Articles 11 and 15(2) - Public service contracts - Award of IT services of the municipality of Mantova (Italy) - Direct award without prior publication of a notice to tender)

(2008/C 223/03)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: X. Lewis, C. Zadra, L. Visaggio and C. Cattabriga, acting as Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent and G. Fiengo, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 11 and Article 15(2) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ L 209, 24.7.1992, p. 1) — Award of IT services for the Commune di Mantova — Direct award without prior publication of a contract notice

Operative part of the judgment

The Court:

(1)  OJ C 10, 14.1.2006.