# C_2007211EN.01000201.xml

| 8.9.2007 | EN | Official Journal of the European Union | C 211/2 |
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8.9.2007

EN

Official Journal of the European Union

C 211/2

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Judgment of the Court (Second Chamber) of 18 July 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-503/04) (1)

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(Failure of a Member State to fulfil obligations - Judgment of the Court establishing the failure to fulfil obligations - Non-implementation - Article 228 EC - Measures necessary to comply with the judgment of the Court - Rescission of a contract)

(2007/C 211/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: B. Schima, acting as Agent)

Applicant:

Defendant: Federal Republic of Germany (represented by: W.-D. Plessing and C. Schulze-Bahr, Agents, and H.-J. Prieß, lawyer)

Defendant:

Interveners in support of the defendant: French Republic (represented by G. de Bergues and J.-C. Gracia, Agents), Kingdom of the Netherlands (represented by H.G. Sevenster and D.J.M. de Grave, Agents), Republic of Finland (represented by T. Pynnä, Agent)

Interveners in support of the defendant:

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the Court's judgment of 10 April 2003 in Joined Cases C-20/01 and C-28/01 — 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) — Award of public service contracts by the City of Brunswick and the Municipality of Bockhorn without calls for tenders — Request that a periodic penalty payment be imposed

Operative part of the judgment

The Court:

| 1. | Declares that, by having failed, at the date on which the period laid down in the reasoned opinion issued by the Commission of the European Communities pursuant to Article 228 EC, to adopt all the necessary measures to comply with the judgment of 10 April 2003 in Joined Cases C-20/01 and C-28/01 Commission v Germany regarding the conclusion of a contract for waste disposal by the City of Brunswick (Germany), the Federal Republic of Germany has failed to fulfil its obligations under that article; |
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1.

Declares that, by having failed, at the date on which the period laid down in the reasoned opinion issued by the Commission of the European Communities pursuant to Article 228 EC, to adopt all the necessary measures to comply with the judgment of 10 April 2003 in Joined Cases C-20/01 and C-28/01 Commission v Germany regarding the conclusion of a contract for waste disposal by the City of Brunswick (Germany), the Federal Republic of Germany has failed to fulfil its obligations under that article;

Commission

Germany

| 2. | Orders the Federal Republic of Germany to pay the costs; |
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2.

Orders the Federal Republic of Germany to pay the costs;

| 3. | Orders the French Republic, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs. |
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3.

Orders the French Republic, the Kingdom of the Netherlands and the Republic of Finland to bear their own costs.

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(1)  OJ C 45, 19.2.2005.

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