Judgment of the Court (Second Chamber) of 17 July 2008.

Data

Court: Court of Justice

Case date: 17 juli 2008

Uitspraak

Judgment of the Court (Second Chamber) of 17 July 2008 – Commission v Italy

(Case C‑371/05)

Failure of a Member State to fulfil obligations – Directive 92/50/EEC – Articles 11 and 15(2) – Public service contracts – Award of IT services for the commune of Mantova (Italy) – Direct award without prior publication of a notice to tender

Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Scope – Contracting authority holding shares in a company which is legally separate from it with one or more bodies constituted under private law (Council Directive 92/50) (see paras 22, 24, 26, 29-33)

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 11 and 15(2) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) – Award of IT services for the Commune di Mantova – Direct award without prior publication of a contract notice.

Operative part:

The Court:

1.

Dismisses the action;

2.

Orders the Commission of the European Communities to pay the costs.