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Judgment of the Court (Seventh Chamber) of 6 December 2007. # Commission of the European Communities v Kingdom of Sweden. # Failure of a Member State to fulfil obligations - Directive 2004/18/EC - Procedures for the award of public works contracts, public supply contracts and public service contracts - Non-transposition within the prescribed period. # Case C-258/07.

ECLI:EU:C:2007:767

62007CJ0258

December 6, 2007
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(Case C‑258/07)

Failure of a Member State to fulfil obligations – Directive 2004/18/EC – Procedures for the award of public works contracts, public supply contracts and public service contracts – Non-transposition within the prescribed period

Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2004/18/EC 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 (OJ 2004 L 134, p. 114).

Operative part

The Court:

Declares that by not adopting, within the prescribed period, the legislative, regulatory and administrative measures necessary to comply with Directive 2004/18/EC 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, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

Orders the Kingdom of Sweden to pay the costs.

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