Source: All England Reporter
Publisher Citation: [2005] All ER (D) 51 (Jan)
Court: Court of Justice of the European Communities (Second Chamber)
Judge:

Judges Timmermans (President of the Chamber), Schintgen, Makarczyk (Rapporteur), Arestis and Klucka
Judgment Dates: 13 January 2005

Catchwords

European Communities - Community obligation - Directive - Directive not transposed into national law - Failure to fulfil obligations - Council Directive (EEC) 93/36 - Council Directive (EEC) 93/37.

The Case

By having :(i) excluded from the scope of the codified law, the private law undertakings fulfilling the requirements laid down in the art1(b) of Council Directive (EEC) 93-36 (co-ordinating procedures for the award of public supply contracts) and Council Directive (EEC) 93-37 (concerning the co-ordination of procedures for the award of public works contracts); (ii) excluded absolutely from the scope of that law, co-operation agreements concluded between public authorities and the other public undertakings and, therefore, also agreements which constitute public contracts for the purpose of the directives; and (iii) permitted the negotiated procedure to be used in two cases which were not provided for in those directives, Spain had failed properly to transpose the directives into its national legal system and had therefore failed to fulfil its obligations under those directives.

Practice Areas

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