# C_2010161EN.01000401.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/4 |
| --- | --- | --- | --- |

19.6.2010

EN

Official Journal of the European Union

C 161/4

---

Judgment of the Court (Third Chamber) of 29 April 2010 — European Commission v Federal Republic of Germany

(Case C-160/08) (1)

(Failure of a Member State to fulfil obligations - Public service contracts - Articles 43 EC and 49 EC - Directives 92/50/EEC and 2004/18/EC - Public emergency services - Emergency ambulance and qualified patient transport services - Obligation of transparency - Article 45 EC - Activities connected with the exercise of official authority - Article 86(2) EC - Services of general economic interest)

(2010/C 161/05)

Language of the case: German

Parties

Applicant: European Commission (represented by: M. Kellerbauer and D. Kukovec, Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, Agents)

Intervener in support of the defendant: Kingdom of the Netherlands (represented by: C.M. Wissels and Y. de Vries, Agents)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 43 EC and 49 EC, 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) and 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) — Practice of local authorities of awarding directly, without open procedures for the award of public contracts and in breach of the principles of transparency and non-discrimination, contracts and concessions for the supply of public ambulance services.

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to publish notices of the results of the procedure for the award of contracts, the Federal Republic of Germany has failed to fulfil its obligations under Article 10 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, in conjunction with Article 16 thereof or, since 1 February 2006, under Article 22 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, in conjunction with Article 35(4) thereof in relation to the award in accordance with the tender model of contracts for public emergency ambulance and qualified patient transport services in the Länder of Saxony-Anhalt, North Rhine-Westphalia, Lower Saxony and Saxony; |
| --- | --- |

1.

Declares that, by failing to publish notices of the results of the procedure for the award of contracts, the Federal Republic of Germany has failed to fulfil its obligations under Article 10 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, in conjunction with Article 16 thereof or, since 1 February 2006, under Article 22 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, in conjunction with Article 35(4) thereof in relation to the award in accordance with the tender model of contracts for public emergency ambulance and qualified patient transport services in the Länder of Saxony-Anhalt, North Rhine-Westphalia, Lower Saxony and Saxony;

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

2.

Dismisses the action as to the remainder;

| 3. | Orders the European Commission, the Federal Republic of Germany and the Kingdom of the Netherlands to bear their own costs. |
| --- | --- |

3.

Orders the European Commission, the Federal Republic of Germany and the Kingdom of the Netherlands to bear their own costs.

---

(1)  OJ C 209, 15.8.2008.

---