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Case C-226/09: Judgment of the Court (Fourth Chamber) of 18 November 2010 — European Commission v Ireland (Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Public procurement procedures — Award of a contract for interpretation and translation services — Services falling within the ambit of Annex II B of the Directive — Services not subject to all the requirements of the Directive — Weighting of the award criteria determined after tenders have been submitted — Weighting altered following an initial review of the tenders submitted — Compliance with the principle of equal treatment and the obligation of transparency)
ECLI:EU:UNKNOWN:62009CA0226
62009CA0226
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15.1.2011
Official Journal of the European Union
C 13/10
(Case C-226/09) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Directive 2004/18/EC - Public procurement procedures - Award of a contract for interpretation and translation services - Services falling within the ambit of Annex II B of the Directive - Services not subject to all the requirements of the Directive - Weighting of the award criteria determined after tenders have been submitted - Weighting altered following an initial review of the tenders submitted - Compliance with the principle of equal treatment and the obligation of transparency)
2011/C 13/15
Language of the case: English
Parties
Applicant: European Commission (represented by: M. Konstantinidis and A.-A. Gilly, Agents)
Defendant: Ireland (represented by: D. O’Hagan, Agent, and A.M. Collins, SC)
Re:
Failure of a Member State to fulfil obligations — Public procurement procedures — Award of a contract for interpretation and translation services — Services not subject to all the requirements of Directive 2004/18/EC of the European Parliament and 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) — Weighting of the award criteria after the submission of tenders — Principles of equal treatment as between tenderers and transparency
Operative part of the judgment
The Court:
1.Declares that, by altering the weighting of the award criteria for a contract for the provision of interpretation and translation services following an initial review of the tenders submitted, Ireland has failed to fulfil its obligations under the principle of equal treatment and the consequent obligation of transparency, as interpreted by the Court of Justice of the European Union;
2.Dismisses the action as to the remainder;
3.Orders the European Commission and Ireland to bear their own costs.
(<span class="super">1</span>) OJ C 220, 12.09.2009.