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Judgment of the Court (Second Chamber) of 17 February 2011.#European Commission v Republic of Cyprus.#Public works contracts and supply contracts - Water, energy, transport and telecommunications sectors - Directive 93/38/EEC - Contract notice - Award criteria - Equal treatment of tenderers - Principle of transparency - Directive 92/13/EEC - Review procedure - Requirement to state reasons for a decision to eliminate a tenderer.#Case C-251/09.
ECLI:EU:C:2011:84
62009CJ0251
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(Case C-251/09)
Public works contracts and supply contracts – Water, energy, transport and telecommunications sectors – Directive 93/38/EEC – Contract notice – Award criteria – Equal treatment of tenderers – Principle of transparency – Directive 92/13/EEC – Review procedure – Requirement to state reasons for a decision to eliminate a tenderer
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 4(2) and 31(1) 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) – Infringement of Article 1(1) of Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1992 L 76, p. 14) – Requirement to state reasons for a decision to eliminate a tenderer – Requirement to ensure that decisions taken by the contracting authorities may be reviewed effectively and as rapidly as possible – Principles of equal treatment and transparency.
Operative part
The Court:
1.Dismisses the action;
2.Order the European Commission to pay the costs.