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Case C-444/06: Judgment of the Court (Second Chamber) of 3 April 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 89/665/EEC — Public supply and works contracts — Review procedures for the award of public contracts)
ECLI:EU:UNKNOWN:62006CA0444
62006CA0444
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24.5.2008
Official Journal of the European Union
C 128/12
(Case C-444/06)
(Failure of a Member State to fulfil obligations - Directive 89/665/EEC - Public supply and works contracts - Review procedures for the award of public contracts)
(2008/C 128/18)
Language of the case: Spanish
Parties
Applicant: Commission of the European Communities (represented by: X. Lewis, acting as Agent, and C. Fernandez Vicién and I. Moreno-Tapia Rivas, abogados)
Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)
Re:
Failure of a Member State to fulfil obligations — Breach of Article 2(1)(a) and (b) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33) — National legislation not in conformity with the directive
Operative part of the judgment
The Court:
1.Declares that, by failing to lay down a mandatory period for the contracting authority to notify the decision on the award of the contract to all the tenderers and by failing to provide for a mandatory waiting period between the award of the contract and its conclusion, the Kingdom of Spain has failed to fulfil its obligations under Article 2(1)(a) and (b) of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33), as amended by Council Directive 92/50/EEC of 18 June 1992;
2.Dismisses the action as to the remainder;
3.Orders the Kingdom of Spain to pay two thirds of all the costs. The Commission of the European Communities is ordered to pay the other third.
(<span class="super">1</span>) OJ C 326, 30.12.2006.