Public works contracts obligations - Judgement of European Court of Justice - CASELEX:EU:2009:132

(1) In relation to public contracts, an action under Article 226 EC was inadmissible if, when the period prescribed in the reasoned opinion expired, the contract impugned by the European Commission had already been fully performed. Accordingly, when only the construction aspect of a complex contract had been completed, while the other aspects were pending, the Commission was entitled to bring such an action.

(2) A local authority that had concluded a contract with a private company for construction works followed by a lease of those buildings was a contracting authority within the meaning of Article 1(b) of Directive 93/37/EEC.

(3) When a contract contained elements relating both to a public works contract and a lease contract, it was the main purpose of the contract that determined the applicable Community rules. Accordingly, when the building works under such a contract were executed in accordance with the very detailed specifications set out by the local authority and these specifications far exceeded the usual requirements of a tenant, that contract was a public works contract within the meaning of Article 1(a) of the Directive.

Keywords

• private undertakings
• regional or local authorities
• contracting authorities
• parties
• public works contract
• public contract

Further details of case C-536/07 - Caselex

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