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

(Case C‑287/07)

Failure of a Member State to fulfil obligations – Public contracts – Directive 2004/17/EC – Procedures for the award of contracts in the water, energy, transport and postal services sectors – Incorrect or incomplete transposition – Failure to transpose within the prescribed period

1.                     Acts of the institutions – Directives – Implementation by Member States (Art. 249 EC) (see paras 67-69)

2.                     Acts of the institutions – Directives – Implementation by Member States – Need for clear and precise transposition (Art. 249 EC) (see para. 98)

3.                     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 para. 187)

Re:

Operative part

The Court:

–        by failing to adopt the laws, regulations and administrative provisions necessary to transpose completely and correctly Article 1(2)(b); the second subparagraph of Article 1(2)(c), Article 1(2)(d); the second subparagraph of Article 1(13); Article 14(4); Article 17(10)(a) and (c); Article 34(8), Article 36(2); Article 39(2); Article 45(1) and (3)(a) and (c); Article 48(1) to (4) and (6)(c); the second indent of Article 49(2); Article 49(3) to (5); the first subparagraph of Article 50(1)(c); Article 52(1); the second subparagraph of Article 57(1)(d) and (e); the first sentence of Article 57(3), and Article 65(2) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and

–        by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Article 9, Article 34(2), Article 52(3) and the second sentence of Article 57(3) of Directive 2004/17,

the Kingdom of Belgium has failed to fulfil its obligations under that Directive.