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Judgment of the Court (Second Chamber) of 17 July 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Directive 92/50/EEC - Articles 11 and 15(2) - Public service contracts - Award of IT services for the commune of Mantova (Italy) - Direct award without prior publication of a notice to tender.#Case C-371/05.
ECLI:EU:C:2008:410
62005CJ0371
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(Case C‑371/05)
Failure of a Member State to fulfil obligations – Directive 92/50/EEC – Articles 11 and 15(2) – Public service contracts – Award of IT services for the commune of Mantova (Italy) – Direct award without prior publication of a notice to tender
Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Scope – Contracting authority holding shares in a company which is legally separate from it with one or more bodies constituted under private law (Council Directive 92/50) (see paras 22, 24, 26, 29-33)
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 11 and 15(2) 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 IT services for the Commune di Mantova – Direct award without prior publication of a contract notice.
Operative part:
The Court:
1.Dismisses the action;
2.Orders the Commission of the European Communities to pay the costs.