OJ [2011] C 211/3

The ECJ has dismissed an action brought by the European Commission against Spain relating to the application of the public procurement rules to Spanish urban development schemes. The ECJ found that the European Commission had failed to prove that the main object of the contracts between the local authority and the urban developer was public works. Therefore, it had not established that the urban development contracts were public works contracts within the meaning of Directive 93/37 or Directive 2004/18.