12.4.2008   

EN

Official Journal of the European Union

C 92/9


Judgment of the Court (Sixth Chamber) of 26 February 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-273/07) (1)

(Failure of a Member State to fulfil its obligations - Directive 2005/51/EC - Public procurement - Procedures for the award of contracts)

(2008/C 92/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: B. Stromsky and D. Kukovec, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005, amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement (OJ 2005 L 257, p. 127)

Operative part of the judgment

The Court

1.

Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005, amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and the Council on public procurement, the Grand Duchy of Luxembourg failed to fulfil its obligations under that directive;

2.

Orders the Grand Duchy of Luxembourg to pay the costs.


(1)  OJ C 211, 8.9.2007.