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Case C-289/07: Judgment of the Court (Seventh Chamber) of 3 April 2008 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 2004/17/EC — Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors — Failure to transpose within the period prescribed)
ECLI:EU:UNKNOWN:62007CA0289
62007CA0289
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24.5.2008
Official Journal of the European Union
C 128/15
(Case C-289/07)
(Failure of a Member State to fulfil obligations - Directive 2004/17/EC - Coordination of the procurement procedures of entities operating in the water, energy, transport and postal services sectors - Failure to transpose within the period prescribed)
(2008/C 128/24)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: A. Caeiros and D. Kukovec, acting as Agents,)
Defendant: Portuguese Republic (represented by: L. Fernandes and F. Andrade de Sousa, Agents)
Re:
Failure of a Member State to fulfil its obligations — Failure to adopt, within the period prescribed, the measures 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)
Operative part of the judgment
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 Portuguese Republic has failed to fulfil its obligations under Article 71 of that directive;
2.Orders the Portuguese Republic to pay the costs.
(<span class="super">1</span>) OJ C 183, 4.8.2007.