On 4 October 2007, the European Court of Justice (ECJ) ruled on an infringement case taken against the Italian Government by the European Commission (Commission) concerning public works contracts for a series of hydraulic projects in Stintino, which had been awarded using the negotiated procedure without competition. The ECJ confirmed the Commission's claim that the contracts fell within the scope of the procurements directive and that the exceptions for use of the negotiated procedure did not apply. Italy attempted to argue that since there was only one hydraulic works to be carried out the action was now inadmissible but the ECJ held that as the contract was only 82 per cent complete, the contract was not fully performed. Italy also argued that it had been unable to fulfil the Commission's reasoned opinion requiring action to end the infringement, because this would have breached the legitimate expectation of the contractor. The ECJ held that conduct on the part of the authority in breach of EC law is not capable of giving rise to legitimate expectations on the part of an undertaking. The original contract between the contracting authority and the company had been entered into ten years earlier. The case throws serious doubts on the use of legitimate expectation as a defence in procurement cases in general.