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Document 62007CJ0284

    Judgment of the Court (Seventh Chamber) of 18 December 2007.
    Commission of the European Communities v Portuguese Republic.
    Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedures for the award of contracts - Failure to transpose within the prescribed period.
    Case C-284/07.

    Izvješća Suda EU-a 2007 I-00197*

    ECLI identifier: ECLI:EU:C:2007:824





    Judgment of the Court (Seventh Chamber) of 18 December 2007 – Commission v Portugal

    (Case C‑284/07)

    Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedures for the award of contracts – Failure to transpose within the prescribed period

    Actions for failure to fulfil obligations – Examination of 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. 8)

    Re:

    Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures 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 of the Council on public procurement (OJ 2005 L 257, p. 127).

    Operative part

    The Court

     

    Declares that, by failing to adopt 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 of the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under that directive;

     

    Orders the Portuguese Republic to pay the costs.

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