CELEX: 62010CJ0574
Failure of a Member State to fulfil its obligations
Directive 2004/18/EC
Public service contracts
Architecture and engineering services
Design, planning and supervision of a project to renovate a public building
Project carried out in several phases, for budgetary reasons
Market value

Failure of a Member State to fulfil its obligations — Infringement of Articles 2, 9 and 20 in conjunction with Articles 23
to 55 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures
for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Award
by the municipality of Niedernhausen, without a Europe-wide invitation to tender, of several architecture services relating
to the same construction project to an engineering agency — Division of the service awarded — Calculation of the market value.
Operative part
The Court:
1.
Declares that, because the municipality of Niedernhausen awarded an architecture services contract relating to the renovation
of a public building called ‘Autalhall’ located in the territory of that municipality, the value of which exceeded the threshold
laid down in Article 7(b) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination
of procedures for the award of public works contracts, public supply contracts and public service contracts, without conducting
a Europe-wide invitation to tender, the Federal Republic of Germany has failed to fulfil its obligations under Articles 2,
9 and 20 in conjunction with Articles 23 to 55 of that directive;
2.
Orders the Federal Republic of Germany to pay the costs.