This document is an excerpt from the EUR-Lex website
Document 62006CJ0481
Judgment of the Court (Eighth Chamber) of 18 December 2007. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Public procurement - Infringement of Article 6(3) of Directive 93/36/EC - General principles of the Treaty - Principle of equal treatment and obligation of transparency - National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment. # Case C-481/06.
Judgment of the Court (Eighth Chamber) of 18 December 2007.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Public procurement - Infringement of Article 6(3) of Directive 93/36/EC - General principles of the Treaty - Principle of equal treatment and obligation of transparency - National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment.
Case C-481/06.
Judgment of the Court (Eighth Chamber) of 18 December 2007.
Commission of the European Communities v Hellenic Republic.
Failure of a Member State to fulfil obligations - Public procurement - Infringement of Article 6(3) of Directive 93/36/EC - General principles of the Treaty - Principle of equal treatment and obligation of transparency - National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment.
Case C-481/06.
European Court Reports 2007 I-00193*
ECLI identifier: ECLI:EU:C:2007:821
Judgment of the Court (Eighth Chamber) of 18 December 2007 – Commission v Greece
(Case C‑481/06)
Failure of a Member State to fulfil obligations – Public procurement – Infringement of Article 6(3) of Directive 93/36/EC – General principles of the Treaty – Principle of equal treatment and obligation of transparency – National rules allowing use of the negotiated procedure for public supply contracts relating to certain medical equipment
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. 15)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Article 6(3) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) and of the obligation to ensure effective and fair competition – National provision placing all material for medical use into categories and setting a specific maximum price for each category – Provision forming part of a legislative framework which allows use of the negotiated procedure for public supply contracts in respect of whole groups of products of that nature which are not comparable. |
Operative part
The Court:
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Declares that, by retaining in force Article 7(2) of Law 2955/2001 relating to the ‘Supplies of hospitals and other health units of regional health and pension schemes and other provisions’ and Joint Ministerial Decisions DY6a/oik.38611 and DY6a/oik.38609 of 12 April 2005, the Hellenic Republic has failed to fulfil its obligations under Article 6(3) of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts, as amended by Commission Directive 2001/78/EC of 13 September 2001 and has infringed general principles of the Treaty, in particular equal treatment and the obligation of transparency; |
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Orders the Hellenic Republic to pay the costs. |