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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Ireland (Law relating to undertakings) [2007] EUECJ C-507/03 (13 November 2007) URL: https://www.bailii.org/eu/cases/EUECJ/2007/C50703.html Cite as: [2007] ECR I-9777, [2007] EUECJ C-507/03, [2007] EUECJ C-507/3 |
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(Public procurement Articles 43 EC and 49 EC Directive 92/50/EEC Award of a public contract to the Irish postal service An Post without a prior contract notice Certain cross-border interest Transparency)
In Case C-507/03,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 1 December 2003,
Commission of the European Communities, represented by X. Lewis and K. Wiedner, acting as Agents, and J. Flynn QC, with an address for service in Luxembourg,
applicant,
Ireland, represented by D. O'Hagan, acting as Agent, E. Regan and B. O'Moore SC and C. O'Toole, Barrister, with an address for service in Luxembourg,
defendant,
supported by:
Kingdom of Denmark, represented by J. Molde and A. Jacobsen, acting as Agents,
French Republic, represented by G. de Bergues, D. Petrausch and S. Ramet, acting as Agents,
Kingdom of the Netherlands, represented by H.G. Sevenster, C. Wissels and P. van Ginneken, acting as Agents,
Republic of Finland, represented by A. Guimaraes-Purokoski, acting as Agent,
interveners,
composed of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas, G. Arestis and U. Lõhmus, Presidents of Chambers, J.N. Cunha Rodrigues, R. Silva de Lapuerta, J. Makarczyk (Rapporteur), A. Borg Barthet, M. Ilešič, J. Malenovský and J. Klučka, Judges,
Advocate General: C. Stix-Hackl,
Registrar: K. Sztranc-Sławiczek, Administrator,
having regard to the written procedure and further to the hearing on 4 April 2006,
after hearing the Opinion of the Advocate General at the sitting on 14 September 2006,
gives the following
Legal framework
'... to eliminate practices that restrict competition in general and participation in contracts by other Member States' nationals in particular, it is necessary to improve the access of service providers to procedures for the award of contracts'.
'Contracting authorities shall ensure that there is no discrimination between different service providers.'
'1. Contracting authorities who have awarded a public contract or have held a design contest shall send a notice of the results of the award procedure to the Office for Official Publications of the European Communities [the Publications Office].
...
3. In the case of public contracts for services listed in Annex I B, the contracting authorities shall indicate in the notice whether they agree on its publication.
4. The Commission shall draw up the rules for establishing regular reports on the basis of the notices referred to in paragraph 3, and for the publication of such reports in accordance with the procedure laid down in Article 40(3).
...'
'Not later than three years after the time-limit for compliance with this Directive, the Commission, acting in close cooperation with the Committees referred to in Article 40(1) and (2), shall review the [manner] in which this Directive has operated, including the effects of the application of the Directive to procurement of the services listed in Annex I A and the provisions concerning technical standards. It shall evaluate, in particular, the prospects for the full application of the Directive to procurement of the other services listed in Annex I B, and the effects of in-house performance of services on the effective opening-up of procurement in this area. It shall make the necessary proposals to adapt the Directive accordingly.'
Facts and pre-litigation procedure
The action
Arguments of the parties
Findings of the Court
Costs
On those grounds, the Court (Grand Chamber) hereby:
1. Dismisses the action;
2. Orders the Commission of the European Communities to pay the costs;
3. Orders the Kingdom of Denmark, the French Republic, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs.
[Signatures]
* Language of the case: English.