Case C-20/01: Action brought on 16 January 2001 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2001-02-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, award of contract, public contract, works contract

24.2.2001

EN

Official Journal of the European Communities

C 61/11

Action brought on 16 January 2001 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

Action brought on 23 January 2001 by the Commission
of the European Communities against the French Republic

(Case C-20/01)

(2001/C 61/18)

(Case C-26/01)

(2001/C 61/19)

An action against the Federal Republic of Germany was
brought before the Court of Justice on 16 January 2001 by the
Commission of the European Communities, represented by
Josef Christian Schieferer, of the Legal Service of the Com-
mission of the European Communities, with an address for
service in Luxembourg at the office of Carlos Go´ mez de la
Cruz, of the Legal Service of the Commission of the European
Communities, Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

(1) declare that, by failing to invite tenders for the award of
the contract for the treatment of waste water in the
Municipality of Bockhorn and to arrange for notice of
the results of the procedure for the award of the contract
to be published in the S Series of the Official Journal of
the European Communities,
the Federal Republic of
Germany has failed to comply with its obligations under
Article 8 in conjunction with Article 15(2) and Article
16(1) of Council Directive 92/50/EEC (1) of 18 June 1992
relating to the coordination of procedures for the award
of public service contracts;

(2) order the defendant to pay the costs.

Pleas in law and main arguments

The German Government concedes that a Community-wide
invitation to tender for the award of the contract for the
treatment of waste water in the Municipality of Bockhorn
should have been issued in accordance with the provisions
of Directive 92/50/EEC; notwithstanding that concession,
however, and despite the fact that an instruction was issued by
the Government of the Land requiring subordinate authorities
to ensure in a suitable manner that the contracting authorities
within that Land complied to the letter with the rules prescribed
by Community law for the award of contracts, the fact remains
that a definite infringement of the Treaty has been committed.
Moreover, the Municipality of Bockhorn has committed a
further infringement of EC law by maintaining the waste-water
contract and continuing to apply that contract in the same
way as before. Since the conduct contrary to the directive is
thus subsisting, it is undeniable that the defendant has failed
to take, within the time-limit laid down in the reasoned
opinion, all the national measures required in order to comply
with the directive.

(1) OJ 1992 L 209, p. 1.

An action against the French Republic was brought before the
Court of Justice on 23 January 2001 by the Commission of
the European Communities, represented by G. Berscheid,
acting as Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that, by failing to bring into force within the
prescribed time-limit the laws, regulations and adminis-
trative measures necessary in order to comply with
Council Directive 98/56/EC of 20 July 1998 on the
marketing of propagating material of ornamental
plants (1), the French Republic has failed to comply with
its obligations under Article 19 of that directive;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The mandatory nature of the provisions of Articles 10 and
249 EC is such as to oblige Member States to adopt the
measures necessary in order to transpose directives which are
addressed to them into their national legal order prior to the
expiry of the time-limit prescribed for so doing. The time-limit
fixed in Article 19 of the directive expired on 1 July 1999.

(1) OJ L 226 of 13.8.1998, p. 16.

Action brought on 23 January 2001 by the Commission
of the European Communities against the Grand Duchy
of Luxembourg

(Case C-27/01)

(2001/C 61/20)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice on 23 January 2001 by the
Commission of the European Communities, represented by
G. Berscheid, acting as Agent, with an address for service in
Luxembourg.