C-43/97
ECLI:EU:C:1997:299
- Súd
- Súdny dvor Európskej únie
- IČS
- 61997CC0043
- Zdroj
- eur-lex.europa.eu ↗
OPINION OF MR LENZ — CASE C-43/97
OPINION OF ADVOCATE GENERAL LENZ delivered on 12 June 1997 *
2 1. In the present Treaty infringement pro award of public supply contracts and by 3 ceedings, the Commission claims that the Directives 80/767/EEC of 22 July 1980 and 4 Italian Republic has failed to fulfil its obliga 88/295/EEC of 22 March 1988 amending it, 5 tions under Article 34(1) of Council Direc have been transposed into internal law. tive 93/36/EEC of 14 June 1993 coordinating That, however, does not invalidate the Com procedures for the award of public supply mission's complaint that Directive 93/36 has 1 contracts, in that it has failed to adopt not been transposed. within the prescribed period or, as the case may be, to give notification of the laws, regulations and administrative provisions necessary to comply with that directive.
4. The defendant further submits that under a draft law currently being debated by the Italian Parliament the Government will be 2. Article 34(1) of Directive 93/36 requires empowered to transpose Directive 93/36 into Member States to bring into force the laws, internal law. regulations and administrative provisions necessary to comply with the directive before 14 June 1994 and immediately to inform the Commission thereof.
5. As the defendant does not thereby contest that the directive in issue has not been trans posed into internal law within the prescribed 3. The defendant does not deny the failure period, the Court does not have to consider of which the Commission complains. It sub the Commission's complaint concerning fail mits, however, that such failure is of minor ure to give notification of the measures taken importance, since the basic Community pro to transpose the directive. visions concerning procedures for the award of public supply contracts, laid down by Council Directive 77/62/EEC of 21 Decem 2 — OJ 1977 L 13, p. 1. ber 1976 coordinating procedures for the 3 — OJ 1980 L 215, p. 1. 4 — OJ 1988 L 127, p. 1. 5 — In order to understand this submission, it must be pointed out that the aim of Directive 93/36 is to recast Directive 77/62 and its amending directives (see the first recital in the * Original language: German. preamble to Directive 93/36). Article 33 of Directive 93/36 1 — OJ 1993 L 199, p. 1. consequently provides that Directive 77/62 is repealed.
I - 4672
COMMISSION v ITALY
6. I therefore propose that the Court should declare that, by failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to comply with Council Directive 93/36/EEC of 14 June 1993 coordinating proce dures for the award of public supply contracts, the Italian Republic has failed to fulfil its obligations under Article 34(1) of that directive. I further propose that the Italian Republic should be ordered to pay the costs of the case.
I - 4673