C-16/98
France | 81-86 | U2-21.1
U2-21.5 | 81 It must be observed that, according to Article 21(1) of the Directive, the call for competition for a contract must be made by means of a notice drawn up in accordance with Annex XII of the Directive; that Annex provides in paragraph 5 that the notice must be published in the OJEC.
82 The Commission complains, first, that, because they split the work in respect of electrification works, the French authorities failed to publish a call for competition in the OJEC for all the contracts forming part of that work, confining themselves to doing so for only six of them.
83 Second, the notices concerning those six contracts, which the French authorities sent for publication in the OJEC, did not, according to the Commission, conform to the model in Annex XII to the Directive, because the information provided in those notices was insufficient to enable several of the headings set out in the model to be filled in. That conduct constituted a further failure to fulfil obligations under Article 21(1) of the Directive.
84 As already observed at paragraph 80 of this judgment, the French authorities confined themselves to publishing a call for competition at Community level in respect of only six of the 18 contracts for electrification works for which they were required to publish such a notice. The French Republic has thereby failed to fulfil its obligations under Article 21(1) and (5) of the Directive as regards the other 12 contracts.
85 It must be held that, as the French Republic acknowledges, the notices published in the OJEC concerning the six contracts for electrification are incomplete.
86 It follows that, as regards those notices, the French Republic has also failed to fulfil its obligations under Article 21(1) of the Directive. |
