Judgment of the Court (Third Chamber) of 29 November 2007 – Commission v Italy

(Case C‑119/06)

Failure of a Member State to fulfil obligations – Infringement of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts – Award of a contract without a call for tenders – Award of the contract for healthcare transport services in Tuscany

1.                     Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Scope (Council Directive 92/50) (see paras 34-52)

2.                     Actions for failure to fulfil obligations – Proof of failure – Burden of proof on the Commission (Art. 226 EC) (see paras 57, 65-66)

3.                     Approximation of laws – Procedures for awarding public service contracts – Directive 92/50 – Award of contracts (Arts 43 EC and 49 EC; Council Directive 92/50) (see paras 63-64)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 11, 15 and 17 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) – Award of a contract without publication of the appropriate notice – Award of the contract for healthcare transport services in Tuscany.

Operative part

Action dismissed;

The Commission of the European Communities is ordered to pay the costs.