EuGH · C-399/05

Subject of the case Operative part 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.