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Case C-157/06: Judgment of the Court (Second Chamber) of 2 October 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Public supply contracts — Directive 93/36/EEC — Award of public contracts without prior publication of a notice — Light helicopters for the police and the national fire service)
ECLI:EU:UNKNOWN:62006CA0157
62006CA0157
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22.11.2008
Official Journal of the European Union
C 301/5
(Case C-157/06)
(Failure of a Member State to fulfil obligations - Public supply contracts - Directive 93/36/EEC - Award of public contracts without prior publication of a notice - Light helicopters for the police and the national fire service)
(2008/C 301/08)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: X. Lewis and D. Recchia, acting as Agents)
Defendant: Italian Republic (represented by: I.M. Braguglia, acting as Agent, and by G. Fiengo, lawyer)
Re:
Failure of a Member State to fulfil obligations — Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) — Failure to establish the existence of grounds capable of allowing a contracting authority to have recourse to the negotiated procedure without prior publication of a tender notice — Light helicopters acquired for the use of the police and fire service
Operative part of the judgment
The Court:
1.Declares that by adopting Decree No 558/A/04/03/RR of the Minister for the Interior of 11 July 2003, authorising the derogation from the Community rules on public supply contracts in respect of the purchase of light helicopters for the use of police forces and the national fire service, without any of the conditions capable of justifying that derogation having been satisfied, the Italian Republic has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, and in particular under Articles 2(1)(b), 6 and 9 thereof;
2.Orders the Italian Republic to pay the costs.
(<span class="super">1</span>) OJ C 131, 3.6.2006.