Judgment of the Court (Seventh Chamber) of 18 December 2007 – Commission v Portugal
(Case C‑284/07)
Failure of a Member State to fulfil obligations – Directive 2005/51/EC – Public procurement – Procedures for the award of contracts – Failure to transpose within the prescribed period
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 8)
Re:
| Failure of a Member State to fulfil obligations – Failure to adopt, within the period prescribed, the measures 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 of the Council on public procurement (OJ 2005 L 257, p. 127). |
Operative part
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 of the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under that directive; |
2. |
| Orders the Portuguese Republic to pay the costs. |