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Case C-250/07: Judgment of the Court (First Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/38/EEC — Public contracts in the water, energy, transport and telecommunications sectors — Award of a contract without a prior call for competition — Conditions — Communication of the reasons for the rejection of a tender — Time-limit)
ECLI:EU:UNKNOWN:62007CA0250
62007CA0250
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Official Journal of the European Union
1.8.2009 *
(Case C-250/07)
(Failure of a Member State to fulfil obligations - Directive 93/38/EEC - Public contracts in the water, energy, transport and telecommunications sectors - Award of a contract without a prior call for competition - Conditions - Communication of the reasons for the rejection of a tender - Time-limit)
2009/C 180/05
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: M. Patakia and D. Kukovec, agents)
Defendant: Hellenic Republic (represented by: D. Tsagkaraki, agent, V. Christianos, dikigoros)
Re:
Failure of a Member State to fulfil obligations — Breach of Articles 4, 20(2) and 41(4) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) — Tender procedure for the study, supply, transport, installation and bringing into operation of two thermoelectric units for the thermoelectric station at Atherinolakkos, Crete
Operative part of the judgment
The Court:
1.Declares that, by being unjustifiably late in replying to a tenderer’s request for information concerning the reasons for the rejection of its tender, the Hellenic Republic has failed to fulfil its obligation under Article 41(4) of Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Commission Directive 2001/78/EC of 13 September 2001;
2.Dismisses the action as to the remainder;
3.Orders the Hellenic Republic and the Commission of the European Communities each to bear their own costs.
* * *
(1) OJ C 155, 7.07.2007.
ECLI:EU:C:2009:367
2009/C 180/05