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Case C-356/10: Action brought on 16 July 2010 — European Commission v Ireland
ECLI:EU:UNKNOWN:62010CN0356
62010CN0356
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Valentina R., lawyer
11.9.2010
EN
Official Journal of the European Union
C 246/35
(Case C-356/10)
()
2010/C 246/59
Language of the case: English
Parties
Applicant: European Commission (represented by: S. Walker, D. Kukovec, Agents)
Defendant: Ireland
The applicant claims that the Court should:
—Declare that, in the context of the award procedure by the Department of Agriculture and Food for a public supply contract for animal identification tags, concerning the application of criteria relating to tenderers’ ability to perform the contract in question as award criteria, instead of selection criteria, Ireland has failed to fulfil its obligations under Article 53 of Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts;
—order Ireland to pay the costs.
Pleas in law and main arguments
The Commission submits that the award criteria applied by the Department of Agriculture and Food included criteria reserved for the selection stage, namely criteria relating to tenderers’ ability to perform the contract in question and that, consequently, Ireland has failed to fulfil its obligations under Article 53 of Directive 2004/18/EC.
(1) OJ L 134, p. 114