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Case C-437/07: Judgment of the Court (Third Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Public procurement — Design and construction of a municipal tramway — Public works contract — Award by means of a procedure for the award of a public works concession — Infringement of Directive 93/37)
ECLI:EU:UNKNOWN:62007CA0437
62007CA0437
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Official Journal of the European Union
(Case C-437/07) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Public procurement - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37)
(2009/C 6/13)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: C. Zadra and D. Kukovec, Agents)
Defendant: Italian Republic (represented by: I. Braguglia and G. Fiengo, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Infringement of the principles of transparency and non-discrimination — Public works carried out by means of ‘project financing’
Operative part of the judgment
1.In so far as the Comune di l'Aquila (Municipality of Aquila) awarded a public works contract concerning the design and construction of a rubber tramway for public transport in that town by means of a procedure different to those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that Directive;
2.The Italian Republic is to pay the costs.
* * *
(<span class="super">1</span>) OJ C 297, 8.12.2007.