Judgment of the Court (Third Chamber) of 18 July 2007 — Commission of the European Communities v Hellenic Republic

(Case C-399/05) (1)

(Failure of a Member State to fulfil obligations - Directive 93/38/EC - Procurement in the water, energy, transport and telecommunications sectors - Construction and bringing into operation of a thermal power station - Conditions of admission to the tendering procedure)

(2007/C 211/08)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (represented by: M. Patakia and X. Lewis, acting as Agents)

Defendant: Hellenic Republic (represented by: D. Tsagkaraki and V. Christianos, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 4(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) — Admission of the tenders of two companies not meeting the conditions of the notice to tender or of the specification — Construction and bringing into operation of a thermal power station at Lavrio

Operative part of the judgment

The Court:

(1)  OJ C 22, 28.1.2006.