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Valentina R., lawyer
(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)
(2008/C 51/44)
Language of the case: Portuguese
Applicant: Commission of the European Communities (represented by: A. Caeiros, D. Kukovec and P. Andrade, Agents)
Defendant: Portuguese Republic (represented by: M.L. Fernandes, Agent)
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)
The Court:
1.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;
2.Orders the Portuguese to pay the costs.
* * *
(<span class="super">1</span>) OJ C 183, 4.8.2007.