Judgment of the Court (Grand Chamber) of 8 April 2008 - Commission of the European Communities v Italian Republic
(Failure of a Member State to fulfil obligations - Public supply contracts - Directives 77/62/EEC and 93/36/EEC - Award of public contracts without prior publication of a notice - Absence of competitive tendering - Agusta and Agusta Bell helicopters)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: D. Recchia and X. Lewis, avocat)
Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, assisted by G. Fiengo, lawyer)
Re:
Failure of a Member State to fulfil obligations - Council Directives 93/36/EEC of 14 June 1993 (OJ 1993 L 199, p. 1) and 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts - Failure to show existence of grounds which may justify recourse by the contracting authority to the negotiated procedure without prior publication of a contract notice - Agusta and Agusta Bell helicopters purchased for the requirements of the State Forestry Corps, the Coastguard, the Carabinieri, etc.
Operative part of the judgment
The Court:
Declares that, by adopting a procedure, which has been in existence for a long time and is still followed, of directly awarding to Agusta SpA contracts for the purchase of Agusta and Agusta Bell helicopters to meet the requirements of several military and civilian corps, without any competitive tendering procedure, and, in particular, without complying with the procedures provided for by Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by European Parliament and Council Directive 97/52/EC of 13 October 1997, and previously, by Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts, as amended and supplemented by Council Directives 80/767/EEC of 22 July 1980 and 88/295/EEC of 22 March 1988, the Italian Republic has failed to fulfil its obligations under those directives;
Orders the Italian Republic to pay the costs.
____________1 - OJ C 281, 12.11.2005.