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1.8.2009 |
EN |
Official Journal of the European Union |
C 180/3 |
Judgment of the Court (First Chamber) of 4 June 2009 — Commission of the European Communities v Hellenic Republic
(Case C-250/07) (1)
(Failure of a Member State to fulfil obligations - Directive 93/38/EEC - Public contracts in the water, energy, transport and telecommunications sectors - Award of a contract without a prior call for competition - Conditions - Communication of the reasons for the rejection of a tender - Time-limit)
2009/C 180/05
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: M. Patakia and D. Kukovec, agents)
Defendant: Hellenic Republic (represented by: D. Tsagkaraki, agent, V. Christianos, dikigoros)
Re:
Failure of a Member State to fulfil obligations — Breach of Articles 4, 20(2) and 41(4) 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) — Tender procedure for the study, supply, transport, installation and bringing into operation of two thermoelectric units for the thermoelectric station at Atherinolakkos, Crete
Operative part of the judgment
The Court:
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1. |
Declares that, by being unjustifiably late in replying to a tenderer’s request for information concerning the reasons for the rejection of its tender, the Hellenic Republic has failed to fulfil its obligation under Article 41(4) of Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as amended by Commission Directive 2001/78/EC of 13 September 2001; |
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2. |
Dismisses the action as to the remainder; |
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3. |
Orders the Hellenic Republic and the Commission of the European Communities each to bear their own costs. |