29.3.2008   

EN

Official Journal of the European Union

C 79/9


Judgment of the Court (Sixth Chamber) of 31 January 2008 — Commission of the European Communities v Kingdom of Sweden

(Case C-259/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedure for the award of public contracts - Failure to transpose within the prescribed period)

(2008/C 79/15)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: D. Kukovec and K. Nyberg, acting as Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement (OJ 2005 L 257, p. 127)

Operative part of the judgment

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2.

Orders the Kingdom of Sweden to pay the costs.


(1)  OJ C 183, 4.8.2007.