Judgment_paragraph 2 · European Commission v Kingdom of Spain (C-306/08)

2The 16th recital in the preamble to Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) states:‘… public service contracts, particularly in the field of property management, may from time to time include some works; … it results from Directive 71/305/EEC that, for a contract to be a public works contract, its object must be the achievement of a work; …, in so far as these works are incidental rather than the object of the contract, they do not justify treating the contract as a public works contract.’