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Judgment of the Court (Sixth Chamber) of 31 January 2008. # Commission of the European Communities v Kingdom of Sweden. # Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedure for the award of public contracts - Failure to transpose within the prescribed period. # Case C-259/07.
ECLI:EU:C:2008:68
62007CJ0259
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(Case C‑259/07)
Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedure for the award of public contracts – Failure to transpose within the prescribed period
Member States – Obligations – Implementation of directives – Failure to fulfil obligations not contested (Art. 226 EC) (see paras 8-10, operative part)
Re:
Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the 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 the Council on public procurement (OJ 2005 L 257, p. 127).
Operative part
The Court:
1.Declares that, by failing to adopt, within the prescribed period, 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 the Council on public procurement, the Kingdom of Sweden has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Sweden to pay the costs.