Court of Justice 22 September 2009, C-299/08 (European Commission v French Republic.)

Opinion of the Advocate-General Opinion of the Advocate-General 1. By its present action, brought under Article 226 EC, the Commission is asking the Court to declare that, by adopting and keeping in force Articles 73 and 74-IV of the Code des marchés publics (2) (‘the contested provisions’), inasmuch as those provisions lay down a procedure for the award of so-called marchés de définition (3)