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Valentina R., lawyer
(Failure of a Member State to fulfil obligations - Directive 2004/17/EC - Public procurement proceedings in the water, energy, transport and postal services sectors)
(2008/C 79/17)
Language of the case: French
Applicant: Commission of the European Communities (represented by: B. Stromsky and D. Kukovec, acting as Agents)
Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)
Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (OJ 2004 L 134, p. 1)
The Court:
1.Declares that, by failing to adopt, within the period prescribed, the laws, regulations and administrative provisions necessary to comply with Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;
2.Orders the Grand Duchy of Luxembourg to pay the costs.
* * *
(<span class="super">1</span>) OJ C 211, 8.9.2007.