| | 32004L0018: c3-80Implementation    
| 32004L0018 - Classic (3rd generation) | Article 80 | Article 80
Implementation
1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive no later than 31 January 2006. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. | | 32005L0075 - First amendment of Classic (3rd generation) | Article 2 | Article 2
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2006.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. | | 32004L0017 - Utilities (3rd generation) | Article 71 | Article 71
Implementation of the Directive
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2006 at the latest. They shall forthwith inform the Commission thereof.
Member States may avail themselves of an additional period of up to 35 months after expiry of the time limit provided for in the first subparagraph for the application of the provisions necessary to comply with Article 6 of this Directive.
When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such references shall be laid down by Member States.
The provisions of Article 30 are applicable from 30 April 2004.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive. | | 32005L0051 - Third joint amendment of Classic and Utilities (3rd generation) | Article 3 | Article 3
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 January 2006 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. | | 31993L0037 - Works (2nd generation) | missing | | [No provision in the directive] | | 31993L0036 - Goods (2nd generation) | Article 34 | Article 34
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 14 June 1994. They shall immediately inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. | | 31992L0050 - Services (2nd generation) | Article 44 | Article 44
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 1 July 1993. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field governed by this Directive. | | 31997L0052 - Joint amendment of Classic (2nd generation) | Article 4 | Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 13 October 1998. They shall forthwith inform the Commission thereof.
When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods for making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive and a correlation table between this Directive and the national provisions adopted. | | 31993L0038 - Utilities (2nd generation) | Article 45.1-2 + 46 + 47 | Article 45
1. Member States shall adopt the measures necessary to comply with the provisions of this Directive and shall apply them by 1 July 1994. They shall forthwith inform the Commission thereof.
2. Nevertheless, the Kingdom of Spain may provide that the measures referred to in paragraph 1 shall apply from 1 January 1997 only and the Hellenic Republic and the Portuguese Republic may provide that the measures referred to in paragraph 1 shall apply from 1 January 1998 only.
Article 46
When Member States adopt the provisions referred to in Article 45, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
Article 47
Member States shall communicate to the Commission the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field covered by this Directive. | | 31998L0004 - Amendment of Utilities (2nd generation) | Article 2.1+3-4 | Article 2
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 16 February 1999. They shall forthwith inform the Commission thereof.
3. When Member States adopt the provisions referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.
4. Member States shall communicate to the Commission the main provisions of national law which they adopt in the field covered by this Directive together with a correlation table between this Directive and the national measures adopted. | | 11994N/TTE/02 & 11994NN01/11/E - First joint amendment of Classic and Utilities (2nd generation) | Article 2.2.1 [11994N/TTE/02] | | 2. This Treaty shall enter into force on 1 January 1995 provided that all the instruments of ratification have been deposited before that date. | | 32001L0078 - Second joint amendment of Classic and Utilities (2nd generation) | Article 2 | Article 2
1. Member States shall take the measures necessary to comply with this Directive not later than 1 May 2002. They shall immediately inform the Commission.
2. When Member States adopt the measures referred to in article 1, these shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods for making such a reference shall be laid down by the Member States. | | 31971L0305 - Works (1st generation) | Article 32 + 33 | Article 32
Member states shall adopt the measures necessary to comply with this directive within twelve months of its notification and shall forthwith inform the Commission thereof.
Article 33
Member states shall ensure that the text of the main provisions of national law which they adopt in the field covered by this directive is communicated to the Commission. | | 11972BN01/3/I/1 & 11972BN11/4 - First amendment of Works (1st generation) | Article N-11/4=W-32 | Denmark: 1 July 1973
Ireland: 1 July 1973
Norway: 1 July 1973
United Kingdom: 1 July 1973 | | 31978L0669 - Third amendment of Works (1st generation) | Article 2 | Article 2
Member states shall adopt the measures necessary to comply with this directive within six months of its notification. They shall forthwith inform the commission thereof. [1979-02-03] | | 31989L0440 - Fourth amendment of Works (1st generation) | Article 3.1 + 4 | Article 3
Member States shall bring into force the measures necessary to comply with this Directive not
later than one year after the date of its notification (14). They shall forthwith inform the Commission
thereof. [1990-07-19]
.....
Article 4
Member States shall ensure that the texts of the basic provisions of domestic law, whether laws,
regulations or administrative provisons, which they adopt to implement with this Directive, are
communicated to the Commission. | | 31993L0004 - Seventh amendment of Works (1st generation) | Article 2-3 | Article 2
1. Member States shall bring into force the measures necessary to comply with this Directive before 1 July 1993. They shall forthwith inform the Commission thereof.
2. When Member States adopt the measures referred to in paragraph 1, the measures shall contain a reference to this Directive or be accompanied by such a reference at the time of their official publication. The procedures for such reference shall be adopted by Member States.
Article 3
Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive. | | 31977L0062 - Goods (1st generation) | Article 30 + 31 | Article 30
Member states shall adopt the measures necessary to comply with this directive within 18 months of its notification and shall forthwith inform the Commission thereof. [1978-06-24]
Article 31
Member states shall ensure that the texts of the basic provisions of domestic law, whether laws, regulations or administrative provisions, which they adopt in the field covered by this directive, are communicated to the Commission. | | 31980L0767 - First amendment of Goods (1st generation) | Article 9 + 10 | Article 9
Member states shall adopt the measures necessary to comply with this directive not later than 1 January 1981. They shall forthwith inform the commission thereof.
Article 10
Member states shall communicate to the commission the texts of the main provisions of national laws, regulations or administrative provisions which they adopt in the field covered by this directive. | | 31988L0295 - Second amendment of Goods (1st generation) | Article 20.1 + 21 | TITLE III Final provisions
Article 20
Member States shall adopt the measures necessary to comply with this Directive by 1 January 1989 and shall forthwith inform the Commission thereof.
Article 21
Member States shall communicate to the Commission the texts of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt to comply with this Directive. | | 31990L0531 - Utilities (1st generation) | Article 37.1-2.1 + 38 | Article 37
1. Member States shall adopt the measures necessary to comply with this Directive by 1 July 1992. They shall forthwith inform the Commission thereof.
2. Member States may stipulate that the measures referred to in paragraph 1 shall apply only from 1 January 1993.
Article 38
Member States shall communicate to the Commission the text of the main provisions of national law, whether laws, regulations or administrative provisions, which they adopt in the field governed by this Directive. | | 31994L0022 - Amendment of Utilities (1st generation) | Article 14 | Article 14
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1 July 1995. They shall forthwith inform the Commission thereof.
When Member States adopt these measures they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The methods of making such reference shall be laid down by Member States. | | 31991H0561 - Joint recommendation for Classic and Utilies (1st generation) | Point 2-3 | 2. Member States are invited to implement this recommendation not later than 1 January 1992 and to inform the Commission by the same date of the wording of the measures enacted.
3. Member States are invited to inform the Commission not later than 1 January 1993 of their comments, if any, on the implementation of these provisions. Done at Brussels, 24 October 1991. |
| DB-652/92 - Second generation - Utilities - First joint order on Goods and Works (DUC201) | Article 7 | § 7. Bekendtgørelsen træder i kraft den 1. september 2002 og har virkning for ordrer og arbejder, der udbydes efter dette tidspunkt.
Stk. 2. Samtidig ophæves bekendtgørelse nr. 787 af 5. november 1998 om udbud af indkøb inden for vand- og energiforsyning samt transport og telekommunikation i Den Europæiske Union og bekendtgørelse nr. 2 af 4. januar 1999 om udbud af bygge- og anlægsarbejder inden for vand- og energiforsyning samt transport og telekommunikation i Den Europæiske Union. | | DB-557/94 - Second generation - Utitilies - First order on Goods (DUG201) | Article 6 | § 6. Bekendtgørelsen træder i kraft den 1. juli 1994 og har virkning for kontrakter, der udbydes efter dette tidspunkt.
Stk. 2. Bekendtgørelse nr. 740 af 27. august 1992 og § 1 i bekendtgørelse nr. 297 af 5. maj 1993 ophæves. | | DB-558/94 - Second generation - Utilities - First order on Works (DUW201) | Article 6 | § 6. Bekendtgørelsen træder i kraft den 1. juli 1994 og har virkning for kontrakter, der udbydes efter dette tidspunkt.
Stk. 2. Bekendtgørelse nr. 741 af 27. august 1992 og bekendtgørelse nr. 298 af 5. maj 1993 ophæves. |
| Case | Pte | Ref | Text | C-454/06
Pressetext Nachrichtenagentur | 28 | Acc94-148 | 28 The Court notes as a preliminary point that, even though the agreement at issue in the main proceedings was concluded prior to the Republic of Austria’s accession to the European Union, the relevant Community rules apply to such an agreement as from the date of that State’s accession (see, to that effect, Case C-76/97 Tögel [1998] ECR I-5357, paragraph 14). | C-357/06
Frigerio Luigi | 16-19 | C3-80-impl
ECT-234 | 16. As a preliminary point, it should be observed that it is settled case-law that, in proceedings under Article 234 EC, which is based on a clear separation of functions between the national courts and the Court of Justice, any assessment of the facts in a case is a matter for the national court (see, inter alia, Case C235/95 Dumon and Froment [1998] ECR I4531, paragraph 25; Case C-13/05 Chacon Navas [2006] ECR I6467, paragraph 32, and Case C251/06 ING. AUER [2007] ECR I-0000, paragraph 19).
17. In this connection, it is apparent from the order for reference, and in particular from the first and second questions referred, that the national court is basing its decision on the premise that the contract at issue in the main proceedings falls within the scope of one of the Community directives on public service contracts, that is, either Directive 92/50 or Directive 2004/18. That premise is also supported by the evidence submitted to the Court, such as Resolution No 53, the text of which is attached to Frigerio's observations and which shows that the value of the contract at issue in the main proceedings is greater than the threshold laid down in those directives. In addition, it is apparent from the observations submitted at the hearing that the consideration for that contract is provided by the Comune di Triuggio, with the result that it cannot be deemed to be a concession of a public service.
18. In those circumstances, and having regard to the fact that that resolution dates from 29 November 2005, it must be held that Directive 92/50 applies ratione materiæ and ratione temporis to the facts of the case in the main proceedings.
19. Therefore, the first and second questions, which should be examined together, should be reformulated as meaning that the referring court is asking, primarily, whether Article 26(2) of Directive 92/50 precludes national provisions, such as those at issue in the main proceedings, which restrict the submission of tenders in a procedure for the award of a public service contract to parties having the legal form of a company with share capital. As a subsidiary question, that court is inquiring as to the consequences of an affirmative answer on the interpretation and application of the national law. | C-337/06
Bayerischer Rundfunk | 30 | C3-80-impl | 30. The questions as formulated by the national court make reference to the relevant provisions of Directive 2004/18. Given however that the facts of the case in the main proceedings fall within the scope ratione temporis of Directive 92/50, the Court's examination and answers will relate to the corresponding provisions of Directive 92/50 in the light of certain clarifications made by Directive 2004/18. In any event, the provisions of the latter directive and their underlying principles are identical in content to the provisions and principles of the preceding directives and Directive 2004/18 represents a recasting of pre-existing provisions. Accordingly there is no reasonable justification for a different approach under the new directive. | C-119/06
Italy | 33 | C3-80
C3-82 | 33 En vertu de ses articles 80 et 82, la directive 2004/18 a abrogé la directive 92/50 avec effet au 31 janvier 2006. La directive 92/50 était donc encore en vigueur au terme du délai fixé en l’espèce dans l’avis motivé. Par conséquent, c’est à la lumière de cette directive qu’il convient d’apprécier l’accord-cadre de 2004. | C-295/05
Asemfo | 46-47 | C2A1-4
P2A2-2
C3-80 | 46. By its second question, the referring court asks the Court whether a body of rules such as that governing Tragsa, which enables it to execute operations without being subject to the regime laid down by those directives, is contrary to Directives 93/36 and 93/37.
47. At the outset, it must be stated that, notwithstanding the references made by the national court to Directives 97/52, 2001/78 and 2004/18, in view both of the context and of the date of the facts of the dispute in main proceedings and the nature of Tragsa's activities, as described in Article 88(3) of Ley 66/1997, it is appropriate to examine that second question having regard to the rules set forth in the directives relating to public procurement, namely, Directives 92/50, 93/36 and 93/37, which are relevant in this case. | C-493/00
France | 2
4-6 | U2A1-2.1
ECT-249 | 2 Under Article 2(1) of Directive 98/4 Member States were to bring into force the laws, regulations and administrative measures necessary to comply with the directive by 16 February 1999 and to inform the Commission thereof forthwith.
.....
4 Pointing out the obligations of the Member States under the third paragraph of Article 249 EC, the Commission submits that the French Republic was required to take the measures necessary to comply with Directive 98/4 within the prescribed period.
5 The French Republic, which does not deny the failure, states that Directive 98/4 is in the course of transposition.
6 Since the directive has thus not been transposed within the prescribed period, the Commission's action must be regarded as well founded. | C-97/00
France | 2
7-10 | C2A1-4.1
ECT-10
ECT-249 | 2 As provided by the first subparagraph of Article 4(1) of the Directive, the Member States were to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 13 October 1998 and forthwith to inform the Commission thereof.
.....
7 In its defence the French Government does not deny the infringement alleged against it. However, it asks the Court to find that the process for transposition of the Directive is in the course of being completed.
8 In this connection, the French Government points out, first, that the Directive has already been partly transposed by the Order of 22 April 1998 referred to in paragraph 5 of this judgment. Second, it states that a draft decree is undergoing interdepartmental examination and will be submitted to the Conseil d'Etat very shortly.
9 It should be remembered that, under the first paragraph of Article 10 EC, the Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the EC Treaty or resulting from action taken by the institutions of the Community. Such action includes directives which, pursuant to the third paragraph of Article 249 EC, are binding as to the result to be achieved upon each Member State to which they are addressed. That obligation involves, for each Member State to which a directive is addressed, the adoption, within the framework of its national legal system, of all the measures necessary to ensure that the directive is fully effective, in accordance with the objective which it pursues (see Case C-336/97 Commission v Italy [1999] ECR I-3771, paragraph 19).
10 In the present case, since the Directive was not fully transposed within the period set by it, the Commission's action must be considered well founded. | C-337/98
France | 38-42 | U2-45.1
ECT-LegCert | 38 It is true that, in the present case, the decision to use a negotiated procedure without a prior call for competition forms part of an award procedure which did not end until November 1996, that is to say more than two years after the expiry of the period prescribed for transposition of Directive 93/38. However, according to the case-law on public procurement, Community law does not require an awarding authority in a Member State to intervene, at the request of an individual, in existing legal relations established for an indefinite period or for several years where those relations came into being before expiry of the period prescribed for transposition of the directive (see, to that effect, Case C-76/97 Tögel [1998] ECR I-5357, paragraph 54).
39 Whilst the judgment in Tögel, cited above, concerned a contract already concluded before the expiry of the period prescribed for the transposition of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1), the general principle set out in it can none the less be applied to all the stages of a procedure for the award of a contract which are completed before the expiry of the period prescribed for transposition of a directive but form part of a procedure which ended after that date.
40 As regards the Commission's argument that the date to be taken for the purpose of determining the applicability of Directive 93/38 ratione temporis is that of the award of the contract, it need merely be observed that it would be contrary to the principle of legal certainty to determine the applicable law by reference to the date of the award of the contract since that date marks the end of the procedure, while the decision of the contracting entity to proceed with or without a prior call for competition is normally taken at the initial stage of that procedure.
41 In the present case, even though it is not clear from the documents before the Court that there was a formal decision by the contracting entity to proceed by way of negotiated procedure without a prior call for competition to award the contract at issue, it is important to bear in mind that, in its resolution of 19 July 1990, the Committee of Sitcar voted to record that the design and execution of the "system and equipment linked to the system" will be the subject of a turnkey contract with Matra-Transport. It is clear from that sentence that, by the date of that resolution at the latest, and thus well before the expiry of the period prescribed for transposition of Directive 93/38, the decision of the contracting entity to proceed by way of negotiated procedure without a prior call for competition had already been adopted.
42 Accordingly, it must be concluded that Directive 93/38 is not applicable to the choice made by the contracting entity to use a negotiated procedure without a prior call for competition to award the contract for the Rennes urban district light railway project. | C-337/98
France | 43-46+56 | U2-1.4.1.s1.p1-impl
U2-45.1
ECT-226 | 43 However, it must be observed that, by two separate resolutions of 22 September 1995, the contracting entity, first, withdrew the resolution of 30 March 1993 awarding the contract to Matra and, second, asked Semtcar to continue negotiations with that company.
44 Accordingly, it must be considered whether the negotiations opened after 22 September 1995 were substantially different in character from those already conducted and were, therefore, such as to demonstrate the intention of the parties to renegotiate the essential terms of the contract, so that the application of the provisions of Directive 93/38 might be justified.
45 In that regard, it must be observed, as a preliminary point, that, according to settled case-law, in proceedings under Article 169 of the Treaty for failure to fulfil an obligation, it is incumbent on the Commission to prove that the obligation has not been fulfilled and to place before the Court the evidence necessary to enable it to determine whether that is the case (see, inter alia, Case C-96/98 Commission v France [1999] ECR I-8531, paragraph 36).
46 It follows that, in the present case, it is for the Commission to adduce all such evidence as is necessary to prove that fresh negotiations were commenced after 22 September 1995 and were such as to demonstrate the intention of the parties to renegotiate the essential terms of the contract, which would justify the application of the provisions of Directive 93/98.
.....
56 Accordingly, it must be held that the Commission has not adduced evidence capable of proving that fresh negotiations demonstrating the intention of the parties to renegotiate the essential terms of the contract were opened following the withdrawal of the resolution of 30 March 1993 and, therefore, after the expiry of the period prescribed for the transposition of Directive 93/38. | C-76/97
Tögel | 14 | Acc94-148 | 14 By virtue of Article 168 of the Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded, of 24 June 1994 (OJ 1994 C 241, p. 21), Directive 92/50 was to be transposed into Austrian law by 1 January 1995. It is not disputed that transposition into national law occurred only on 1 January 1997, that is to say after the order for reference was made. | C-76/97
Tögel | 48-54 | P2A1-2.2.1
ECT-10 [ex 5] | 48 By its fourth question the national court asks whether a Member State is required, under Article 5 or any other provision of the EC Treaty or under Directive 92/50/EEC, to intervene in existing legal situations concluded for an indefinite period or for several years in a manner not in conformity with the abovementioned directive.
49 Since the directive had not yet been transposed into Austrian law at the time when the order for reference was made, that question cannot, in the present case, concern any obligation on the Austrian legislature to intervene in this area.
50 The fourth question must therefore be construed as seeking to ascertain whether Community law requires an awarding authority of a Member State to intervene at the request of an individual in existing legal situations concluded for an indefinite period or for several years in a manner not in conformity with Directive 92/50.
51 It should be recalled here that it is settled case-law that unconditional and sufficiently precise provisions of a directive may be relied on before a national court by the persons concerned against any public authority required to apply laws, regulations or administrative provisions of national law which are not in conformity with that directive, even if that directive has not yet been transposed into the domestic legal order of the State in question.
52 It follows that an individual may rely before a national court on the provisions of Directive 92/50 if they are unconditional and sufficiently precise, when an awarding body of a Member State has awarded a public service contract in breach of those provisions, provided, however, that the award was made after expiry of the transposition period provided for by that directive.
53 In this instance, the file shows that the framework contracts at issue in the main proceedings were entered into in 1984, that is to say even before adoption of the directive.
54 The reply to be given to the fourth question must therefore be that Community law does not require an awarding authority in a Member State to intervene, at the request of an individual, in existing legal situations concluded for an indefinite period or for several years where those situations came into being before expiry of the period for transposition of Directive 92/50. | C-43/97
Italy | 6-11 | G2-34 | 6 The Italian Republic does not deny that it has failed to fulfil its obligations as set out in the application and merely states that it will shortly adopt measures to remedy the situation. It states that under the draft 1995/1996 Community Law, currently before the Italian Parliament, responsibility is to be delegated to the Government for transposing Directive 93/96 into national law by means of a legislative decree which will be adopted as soon as the 1995/1996 Community Law enters into force.
7 Since Directive 93/96 has not been transposed within the period laid down therein, the Italian Republic must be found to have failed to fulfil its obligations as contended by the Commission.
8 That conclusion cannot be called into question by the Italian Government's argument that the failure with which it is charged is of minor importance inasmuch as the basic provisions concerning procedures for the award of public supply contracts have long formed part of the national legal system as a result of the implementation of Council Directive 77/62/EEC of 21 December 1976 coordinating procedures for the award of public supply contracts (OJ 1977 L 13, p. 1), as amended on several occasions.
9 The Italian Government does not deny that Directive 93/96 imposes new obligations on the Member States, which they were to implement by 14 June 1994 at the latest.
10 Contrary to what the Commission claims, however, the Court does not have to take account of the failure to notify the laws, regulations or administrative provisions necessary to comply with the directive, since the Italian Republic did not adopt those provisions within the period prescribed in the reasoned opinion (see Case C-147/94 Commission v Spain [1995] ECR I-1015, paragraph 7).
11 It must therefore be found that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/36, the Italian Republic has failed to fulfil its obligations under the first subparagraph of Article 34(1) of that directive. | C-341/96
Germany | 9-12 | G2-34 | 9 The Federal Republic of Germany does not deny the alleged infringement. It submits, however, that the important amendment of Directive 93/36 concerning the definition of `contracting authority' had already been incorporated into Paragraph 57(a)(1)(2) of the Zweites Gesetz zur Ænderung des Haushaltsgrundsätzegesetzes (Second Law amending the Law on Budgetary Principles, BGBl. I, p. 1928).
10 Furthermore, according to the German Government, draft measures amending the VOL/A and the order governing the award of public supply contracts have been drawn up. Those draft measures provide that the amended VOL/A is to be given force of law. The legislation could enter into force during the first six months of 1997.
11 Since Directive 93/96 has not been fully transposed within the period prescribed therein the Commission's action is well founded.
12 It must therefore be held that, by failing to adopt within the prescribed period all the laws and regulations necessary to comply with Directive 93/96, the Federal Republic of Germany has failed to fulfil its obligations under Article 34(1) of that directive. | C-328/96
Austria | 76 | P2A1-2.2.1 | 76 Finally, it is clear from the case-file that, contrary to the assertions of the Austrian Government, the Commission did not in any way suggest that the construction of the new administrative and cultural centre at Sankt Pölten was to be regarded as a single project. On the contrary, in all the stages of these proceedings, it indicated to the Austrian Government that, having regard to the fact that the value of the contracts still to be awarded, from 1 January 1995, the date on which the Republic of Austria acceded to the European Union, exceeded the threshold laid down in Directive 93/37, that Member State had to comply with the Community provisions on the award of public contracts. | C-323/96
Belgium | 40-43 | W2-missing
W1A4-3.1 | 40 The Belgian Government also submitted that, at national level, the Law of 14 July 1976, which was in force at the material time, Article 2(1) of which provides that `Every Minister has authority, within the limits of his powers, to adopt decisions concerning the conclusion and performance of contracts of the State and the bodies which fall under its hierarchial authority', did not apply to legislative bodies, inter alia, because the independence and supremacy of the legislative authority under the Belgian Constitution prevented the legislative chambers, and thus the Vlaamse Raad, from being subject to Ministerial authority.
41 First, it should be pointed out that this plea, based on national law, affects neither the finding that the Vlaamse Raad constitutes a contracting authority within the meaning of Article 1(b) of Directive 71/305 as amended by Article 1(1) of Directive 89/440, and within the meaning of Article 1(b) of Directive 93/37, nor the resulting obligation to comply with the provisions of those directives as regards publication and award procedures.
42 According to settled case-law, a Member State cannot rely on provisions, practices or circumstances existing in its internal legal order in order to justify its failure to comply with the obligations and time-limits laid down by a directive (see, in particular, Case C-144/97 Commission v France [1998] ECR I-613, paragraph 8).
43 That plea must therefore also be dismissed. | C-312/96
France | 7-9 | G2-34 | 7 The French Republic does not deny the failure to fulfil its obligations and merely states that, in order to remedy the situation, a bill together with implementing decrees will be adopted shortly.
8 Since Directive 93/36 has not been transposed within the period prescribed therein, the Commission's action must be held to be well founded.
9 The Court therefore finds that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/36, the French Republic has failed to fulfil its obligations under the first paragraph of Article 34(1) of that directive. | C-311/96
France | 7-9 | U2-45.1 | 7 The French Republic does not deny the failure to fulfil its obligations and merely states that a bill together with implementing decrees will be adopted shortly.
8 Since Directive 93/38 has not been transposed within the period prescribed therein, the Commission's action must be held to be well founded.
9 The Court therefore finds that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Directive 93/38, the French Republic has failed to fulfil its obligations under Article 45(1) of that directive. | C-311/95
Greece | 6-7 | S2-44.1 | 6 The Greek Government does not dispute that it failed to transpose the Directive into national law within the prescribed period. It nevertheless asks for the application to be dismissed. It submits firstly that in November 1994 a committee to carry out the preparatory legislative work was set up by a decision of the Ministry of the National Economy, in order to transpose the Directive. Secondly, the Ministry of the Environment, Planning and Public Works sent all the public sector bodies concerned the text of the Directive, by means of a ministerial circular of 27 August 1993 containing instructions for the provisional application of the Directive. Finally, that ministry produced a draft presidential decree for the transposition into the national legal order of all the provisions of the Directive.
7 It has consistently been held that mere administrative practices, which by their nature are alterable at will by the administration and are not given the appropriate publicity, cannot be regarded as constituting the proper fulfilment of a Member State' s obligations under the Treaty (see inter alia Case C-242/94 Commission v Spain [1995] ECR I-3031, paragraph 6). The Greek Government' s argument based on the distribution of the ministerial circular cannot therefore be accepted. | C-253/95
Germany | 11-12 | S2-44.1 | 11 The German Government further submits that the work aimed at bringing about the legislative changes needed in order to transpose the directive into national law is in progress. In this regard it refers to the draft amendment to the Verdingungsordnung fuer Leistungen (Rules applicable to the award of supply contracts) and to the draft rules designed to replace the Verdingungsordnung fuer die Vergabe freiberuflicher Leistungen (Rules applicable to the award of contracts concerning the provision of services by the liberal professions). Likewise, a draft amendment to the Regulation on the award of public contracts which renders both sets of rules legally binding is about to be submitted to the Federal Government. The Laender, however, have not yet approved it.
12 The first point to note is that, according to the settled case-law of the Court, a Member State may not plead provisions, practices or circumstances existing in its internal legal system in order to justify a failure to comply with the obligations and time-limits laid down in a directive (see, in particular, Case C-259/94 Commission v Greece [1995] ECR I-1947, paragraph 5). | C-234/95
France | 6-10 | S2-44.1 | 6 The French Government does not deny the infringement.
7 However, since private bodies operating in the general interest and under public control are involved, it states that a draft law has been submitted which is intended primarily to extend Law No 91-3 of 3 January 1991 on the transparency and legality of award procedures to service contracts awarded by those bodies. That law, which makes the award of certain contracts subject to rules on publication and competition, at present concerns only works contracts awarded by those bodies. Those procedures are to be extended to service contracts by the adoption of an implementing decree amending Decree No 92-311 of 31 March 1992.
8 The French Government emphasizes that, as regards contracts concluded by the State and local authorities, the directive is to be transposed into national law by means of a decree of the Conseil d' Etat which is at present the subject of final inter-ministerial consultations as to its wording.
9 Since the directive has not been transposed into national law within the prescribed period, the Commission' s action in that respect must be considered to be well founded.
10 It must therefore be held that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions needed to comply with the directive, the French Government has failed to fulfil its obligations under Article 44(1) thereof. | | C-433/93 | 15+18+21-23-24 | G1A2-20.1 + 21
W1A4-3.1 + 4 | 15 According to settled case-law (see the judgment in Case C-80/92 Commission v Belgium [1994] ECR I-1019, paragraph 19), amendments made to national legislation are irrelevant for the purpose of giving judgment on the subject-matter of an action for failure to fulfil obligations if they have not been implemented before the expiry of the period set by the reasoned opinion.
18 It should first be pointed out that the Court has consistently held (see, in particular, the judgment in Case C-361/88 Commission v Germany [1991] ECR I-2567, paragraph 15) that the transposition of a directive into domestic law does not necessarily require that its provisions be incorporated formally and verbatim in express, specific legislation, and that a general legal context may, depending on the content of the directive, be adequate for the purpose, provided that it does indeed guarantee the full application of the directive in a sufficiently clear and precise manner so that, where the directive is intended to create rights for individuals, the persons concerned can ascertain the full extent of their rights and, where appropriate, rely on them before the national courts.
21 The German Government submits here that it was only with the adoption of Directive 89/665 that rules were established to govern the procedure to be followed in actions brought against breaches of Directives 88/295 and 89/440.
23 In any event, the adoption of Directive 89/665 has no bearing on the transposition of Directives 88/295 and 89/440. As is clear from the first and second recitals in the preamble to Directive 89/665, this directive is confined to reinforcing existing arrangements at both national and Community levels for ensuring effective application of Community directives on the award of public contracts, in particular at the stage where infringements can still be rectified.
24 Nor can the argument based on the direct effect of Directives 88/295 and 89/440 be accepted. The effect of the third paragraph of Article 189 is that Community directives must be implemented by appropriate implementing measures taken by the Member States. Only in specific circumstances, in particular where a Member State has failed to take the implementing measures required or has adopted measures which do not conform to a directive, has the Court recognized the right of persons affected thereby to rely in law on a directive as against a defaulting Member State. This minimum guarantee, arising from the binding nature of the obligation imposed on the Member States by the effect of the directives under the third paragraph of Article 189, cannot justify a Member State' s absolving itself from taking in due time implementing measures sufficient to meet the purpose of each directive (see, in particular, the judgment in Case 102/79 Commission v Belgium [1980] ECR 1473, paragraph 12). | | 274/83 | 18 | W1-33 | It is therefore necessary to declare that the Italian republic , by failing to notify the commission officially of the text of law no 741 , has failed to fulfil its obligations under article 33 of directive 71/305. | | 133/80 | 8 | G1-30 | It is therefore necessary to declare that by not adopting within the prescribed period the provisions needed to comply with council directive 77/62/eec of 21 December 1976 the Italian republic has failed to fulfil one of its obligations under the treaty. | | 10/76 | 13 | W1-32 | It follows that as the Italian republic has failed to adopt, within the prescribed period, the measures necessary to comply with directive no 71/305/eec of the council concerning the coordination of procedures for the award of public works contracts, it has failed to fulfil an obligation under the treaty. |
| Case | Pte | Ref | Text | N-961031
Semco Energi | 5 | DUG201-1
DUG201-6
DUW201-1
DUW201-6 | Det er efter klagenævnets opfattelse tvivlsomt, om det formelt er forsyningsdirektivet 90/531 eller det nugældende forsyningsdirektiv 93/38, der skal anvendes på det omhandlede udbud. Det sidstnævnte direktiv finder anvendelse på kontrakter, der udbydes efter 1. juli 1994, jfr. § 1 og § 6 i bekendtgørelse nr. 557 af 24. juni 1994 og § 1 og § 6 i bekendtgørelse nr. 558 af samme dag. I den foreliggende sag fandt udbudsbekendtgørelsen sted før den omtalte skæringsdag, hvorimod prækvalifikationen skete efter den. Klagenævnet finder imidlertid ikke anledning til at tage nærmere stilling til spørgsmålet, da det er uden betydning for sagens afgørelse. | N-920812
Niels Fryland | 2 | U1-37 | Rådsdirektiv af 17. september 1990 (90/531) er ikke sat i kraft her i landet, og skulle på kontraheringstidspunktet ej heller være det, jf. direktivets art. 37. Dette direktiv og dets forarbejder findes derfor ikke at kunne lægges til grund ved sagens afgørelse. |
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