# C_2012133EN.01000802.xml

| 5.5.2012 | EN | Official Journal of the European Union | C 133/8 |
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5.5.2012

EN

Official Journal of the European Union

C 133/8

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Judgment of the Court (Third Chamber) of 15 March 2012 — European Commission v Federal Republic of Germany

(Case C-574/10) (1)

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(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 - Implementation of the project in several phases, for budgetary reasons - Market value)

2012/C 133/13

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: G. Wilms and C. Zadra, acting as Agents)

Applicant:

Defendant: Federal Republic of Germany (represented by: T. Henze, N. Graf Vitzthum and J. Möller, acting as Agents)

Defendant:

Re:

Re:

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 of the judgment

Operative part of the judgment

The Court:

| 1. | Finds that, due to the fact that 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 infringed its obligations under Articles 2, 9 and 20 in conjunction with Articles 23 to 55 of that directive; |
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1.

Finds that, due to the fact that 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 infringed 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. |
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2.

Orders the Federal Republic of Germany to pay the costs.

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(1)  OJ C 72, 5.3.2011.

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