# C_2018166EN.01000401.xml

| 14.5.2018 | EN | Official Journal of the European Union | C 166/4 |
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14.5.2018

EN

Official Journal of the European Union

C 166/4

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Judgment of the Court (Grand Chamber) of 20 March 2018 — European Commission v Republic of Austria

(Case C-187/16) (1)

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((Failure of a Member State to fulfil obligations - Directives 92/50/EEC and 2004/18/EC - Public service contracts - State printing office - Production of identity documents and other official documents - Award of contracts to an undertaking governed by private law without a procurement procedure first being conducted - Special security measures - Protection of the essential interests of the Member States))

(2018/C 166/04)

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: A. Tokár and B.-R. Killmann, acting as Agents)

Applicant:

Defendant: Republic of Austria (represented by: M. Fruhmann, acting as Agent)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by having awarded, without an EU-wide call for tenders, service contracts for the production of chip passports, emergency passports, residence permits, identity cards, credit card-sized driving licences and credit card-sized vehicle registration certificates directly to Österreichische Staatsdruckerei GmbH and by maintaining national provisions which require contracting authorities to award those service contracts directly to that company, without an EU-wide call for tenders, the Republic of Austria has failed to fulfil its obligations under Article 4(2) and Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, read in conjunction with Articles 11 to 37 of that directive, and Article 14 and Article 20 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, read in conjunction with Articles 23 to 55 of that directive; |
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1.

Declares that, by having awarded, without an EU-wide call for tenders, service contracts for the production of chip passports, emergency passports, residence permits, identity cards, credit card-sized driving licences and credit card-sized vehicle registration certificates directly to Österreichische Staatsdruckerei GmbH and by maintaining national provisions which require contracting authorities to award those service contracts directly to that company, without an EU-wide call for tenders, the Republic of Austria has failed to fulfil its obligations under Article 4(2) and Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, read in conjunction with Articles 11 to 37 of that directive, and Article 14 and Article 20 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, read in conjunction with Articles 23 to 55 of that directive;

| 2. | Dismisses the action as to the remainder; |
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2.

Dismisses the action as to the remainder;

| 3. | Orders the Republic of Austria to bear its own costs and to pay four fifths of the costs of the European Commission, and the Commission to bear one fifth of its own costs. |
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3.

Orders the Republic of Austria to bear its own costs and to pay four fifths of the costs of the European Commission, and the Commission to bear one fifth of its own costs.

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(1)  OJ C 191, 30.5.2016.

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