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Case C-284/07: 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)

ECLI:EU:UNKNOWN:62007CA0284

62007CA0284

January 1, 2007
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23.2.2008

Official Journal of the European Union

C 51/27

(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)

(2008/C 51/44)

Language of the case: Portuguese

Parties

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)

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 of the judgment

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.

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