CELEX: 62009CJ0017
Public service contracts
Bio-waste and green waste disposal service
Award without an open public tender procedure

Failure of a Member State to fulfil obligations – Infringement of Article 8 in conjunction with Titles III to VI of 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) – Failure to organise a formal European award procedure before the conclusion of a contract for bio-waste
and green waste disposal services between the city of Bonn and a private company.
Operative part
The Court:
1.
Declares that the Federal Republic of Germany has failed to fulfil its obligations under Article 8 and Titles III to VI of
Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts,
on the grounds that the municipality of Bonn and the Müllverwertungsanlage Bonn GmbH awarded a public service contract on
the disposal of bio-waste and green waste without carrying out a procedure for the award of public works including Europe-wide
tendering;
2.
Orders the Federal Republic of Germany to pay the costs.