Judgment of the Court (Second Chamber) of 4 October 2007 – Commission v Italy

(Case C‑217/06)

Failure of Member State to fulfil obligations – Public works contracts – Directive 71/305/EEC – Meaning and definition of a public works contract – Failure which has produced all its effects

1. Actions for failure to fulfil obligations – Infringement terminated before the expiry of the period laid down in the reasoned opinion – Inadmissible (Art. 226 EC) (see para. 21)

2. Community law – Principles – Protection of legitimate expectations – Scope (Council Directive 71/305) (see para. 23)

Re:

Operative part

The Court:

Declares that by allowing execution of at least one of the operations entrusted by the commune of Stintino to the company Maresar Soc. Cons arl under the Agreement No 7/91 signed on 2 October 1991 and additional measures subsequently agreed by the same parties, the Italian Republic has failed to fulfil its obligations under Council Directive 71/305/EEC of 26 July 1971 concerning the co-ordination of procedures for the award of public works contracts, and in particular Articles 3 and 12 thereof;

Orders the Italian Republic to pay the costs.