Judgment of the Court (Third Chamber) of 18 July 2007.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Directive 93/38/EC - Procurement in the water, energy, transport and telecommunications sectors - Construction and bringing into operation of a thermal power station - Conditions of admission to the tendering procedure.#Case C-399/05.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 4(2) of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84) – Admission of the tenders of two companies not meeting the conditions of the notice to tender or of the specification – Construction and bringing into operation of a thermal power station at Lavrio.

Operative part

Operative part

The Court:

1. Dismisses the action.

2. Orders the Commission of the European Communities to pay the costs.