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Document 62006CJ0119

    Judgment of the Court (Third Chamber) of 29 November 2007.
    Commission of the European Communities v Italian Republic.
    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.
    Case C-119/06.

    Thuarascálacha na Cúirte Eorpaí 2007 I-00168*

    ECLI identifier: ECLI:EU:C:2007:729





    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.

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