Keywords
Summary

Keywords

1 Approximation of laws - Procedures for the award of public works contracts - Directives 71/305 and 93/37 - Scope - Contracting authority - State - Definition - Bodies exercising legislative, executive and judicial powers - Bodies of the federal authorities of a federal State - Included

(Council Directive 71/305, Art. 1(b), as amended by Directives 89/440, Art. 1(1), and 93/37, Art. 1(b))

2 Member States - Obligations - Implementation of directives - Failure to fulfil obligations - Justification - Not permissible

(EC Treaty, Art. 169)

Summary

1 The term `the State' referred to in the definition of contracting authority in Article 1(b) of Directive 71/305, as amended by Article 1(1) of Directive 89/440, and in Article 1(b) of Directive 93/37 necessarily encompasses all the bodies which exercise legislative, executive and judicial powers. The same is true of the bodies which, in a federal State, exercise those powers at federal level.

2 A Member State cannot rely on provisions, practices or circumstances existing in its internal legal order in order to justify its failure to comply with the obligations and time-limits laid down by a directive.