Action brought on 20 October 2005 by the Commissionof the European Communities against the Italian Republic(Case C-382/05)
(Language of the case: Italian)
An action against the Italian Republic was brought before theCourt of Justice of the European Communities on 20 October2005 by the Commission of the European Communities, repre-sented by A. Aresu and X. Lewis, acting as Agents, with anaddress for service in Luxembourg.The Commission claims that the Court should:1. declare that, by reason of the fact that the Presidenza delConsiglio dei Ministri (Prime Minister's Office) — Diparti-mento per la protezione civile (Department of CivilDefence) — Ufficio del Commissario delegato (Office of theDeputy Government official) responsible for waste emer-gency and water protection in Sicily initiated the procedurefor the award of contracts for the use of residual municipalwaste, remaining after separately collected waste, producedin the municipal areas of the Region of Sicily, andconcluded such contracts but failed to apply the procedureslaid down by Council Directive 92/50/EEC (
) of 18 June1992 relating to the coordination of procedures for theaward of public service contracts and, in particular, failed topublish the appropriate contract notice in the OfficialJournal of the European Union, the Italian Republic failed tofulfil its obligations under that directive and, in particular,under Articles 11, 15 and 17 of that directive;2. order the Italian Republic to pay the costs.
Pleas in law and main arguments
According to the Commission, an examination of the docu-ments relating to the award of the contracts at issue leads tothe conclusion that they are to be classified as public servicecontracts governed by Directive 92/50/EEC.It follows that those contracts should have been awarded incompliance with the rules on advertising and participation laiddown in Titles III and IV of that directive and, in particular,following publication in the O.J.E.U of the contract noticerequired by Articles 15 and 17 of the directive and in accord-ance with the procedures set out in Article 11.In the present case, the notice published on behalf of theCommissario delegato cannot be regarded as adequately fulfilling the advertising requirements laid down by the above-mentioned provisions. Not only does the model contract noticeused for the advertisement refer to what is called the ‘priorinformation’ procedure and not to the award of contracts, but,more importantly, the information set out in the notice isclearly inadequate when compared with the information thatmust be included in accordance with the model contract noticeset out in the Annexes to Directive 92/50/EEC, as most recently amended by Directive 2001/78/EC.
) O J 1992 L 209 p. 1
Action brought on 24 October 2005 by the Commissionof the European Communities against the Italian Republic(Case C-387/05)
(Language of the case: Italian)
An action against the Italian Republic was brought before theCourt of Justice of the European Communities on 24 October2005 by the Commission of the European Communities, repre-sented by G. Wilms and L. Visaggio, acting as Agents.The Commission claims that the Court should:— declare that, by unilaterally exempting from importcustoms duties material which may be used for both civi-lian and military purposes and by refusing to calculate andpay the own resources which were improperly not collectedas a result of that exemption and the default interest due by reason of the failure to make those own resources availableto the Commission in good time, the Italian Republic hasfailed to fulfil its obligations under Article 26 EC, Article20 of Regulation (EEC) No 2913/92 (
) and, consequently,the Common Customs Tariff, Articles 2, 9, 10 and 17(1) of Regulation (EEC, Euratom) No 1552/89 (
) and the corre-sponding provisions of Regulation (EC, Euratom) No 1150/2000; (
)— order the Italian Republic to pay the costs.28.1.2006C 22/4 Official Journal of the European Union