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Opinion of Mr Advocate General Fennelly delivered on 23 October 1997. # Commission of the European Communities v Federal Republic of Germany. # Failure of a Member State to fulfil its obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period. # Case C-341/96.
ECLI:EU:C:1997:510
61996CC0341
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Important legal notice
61996C0341
European Court reports 1997 Page I-07271
Opinion of the Advocate-General
1 The present infringement action concerns the alleged (and partially admitted) failure by the Federal Republic of Germany fully to transpose Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (1) (hereinafter `the Directive'), or to inform the Commission of its implementing measures.
I - Pre-litigation proceedings
2 The Directive has as one of its objectives the establishment of an updated text of the much-amended Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (2) (hereinafter `the 1976 Directive'), incorporating a number of drafting changes aimed at improving the clarity of existing provisions. (3) It also introduces a number of substantive changes, regarding the definition of the contracting authority, (4) the imposition of requirements that reasons be given for the rejection of an application or tender and that a written report be drawn up by contracting authorities in respect of each contract awarded, (5) and the rules on participation in and the award of contracts. (6) Article 34(1) of the Directive requires the Member States to bring into force the laws, regulations and administrative provisions necessary to comply with it before 14 June 1994, and immediately to inform the Commission thereof.
(1) - OJ 1993 L 199, p. 1.
(2) - OJ 1977 L 13, p. 1. This Directive was amended by Council Directives 80/767/EEC of 22 July 1980, OJ 1980 L 215, p. 1, 88/295/EEC of 22 March 1988, OJ 1988 L 127, p. 1, and 92/50/EEC of 18 June 1992, OJ 1992 L 209, p. 1.
(3) - See the first and fourth recitals in the preamble to the Directive.
(4) - Article 1(b) of the Directive.
(5) - Article 7 of the Directive.
(6) - Title IV of the Directive.