Judgment of the Court (Third Chamber) of 13 November 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil obligations - Design and construction of a municipal tramway - Public works contract - Award by means of a procedure for the award of a public works concession - Infringement of Directive 93/37.#Case C-437/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Articles 43 EC and 49 EC and Articles 7 and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) – Infringement of the principles of transparency and non‑discrimination – Public works carried out by means of ‘project financing’.

Operative part

Operative part

The Court:

1. Declares that, in so far as the Comune di l’Aquila (Commune of Aquila) awarded a public works contract concerning the design and construction of a rubber-tyred tramway for public transport in that town by means of a procedure different from those laid down for the award of public works contracts by Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts, the Italian Republic has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.