Case-414/03: Action brought on 2 October 2003 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, contract, invitation to tender, provision of services, waste management

15.11.2003

EN

Official Journal of the European Union

C 275/39

Action brought on 2 October 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

Action brought on 3 October 2003 by the Commission of
the European Communities against the Hellenic Republic

(Case-414/03)

(2003/C 275/59)

(Case C-416/03)

(2003/C 275/60)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 2 October 2003 by the Commission of the European
Communities, represented by Klaus Wiedner, a member of the
Legal Service of the Commission of the European Communi-
ties, with an address for service in Luxembourg.

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

— declare that by allowing a contract for the disposal of
waste entered into by the local authority for Friesland to
be awarded without the provisions relating to giving
notice provided for in Article 8 of Directive 92/50 (1) in
conjunction with Titles III to VI of that Directive being
complied with, the Federal Republic of Germany has
failed to fulfil its obligations under that Directive;

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

Although the defendant admitted to the alleged infringement
and claimed that it intended to award the contract for the
disposal of waste in a manner that complies with EU public
procurement law in future, it took no steps to terminate the
current contract which remains in force up to 13 December
2004.

Nor does it even claim that it is possible for the contract to be
terminated under German law. It merely points to the fact that
to terminate the contract early could lead to claims for
damages. However, the effectiveness of Community public
procurement law is greatly enhanced precisely where con-
tracting authorities do in appropriate cases have to contend
with the possibility of paying out damages.

Nor can the obligation to bring infringements of Community
public procurement law to an end by terminating contracts
already entered into be called in question by Article 2(6) of
Directive 89/665 (2) which relates to reviews of possible
infringements of Community public procurement law. An
infringement of the Treaty can be regarded as having been
brought to an end only where the Member State has acknowl-
edged the wrongfulness of the conduct and the infringement
has also been fully brought to an end.

(1) OJ L 209, p. 1.
(2) OJ L 395, p. 33.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 3 Octo-
ber 2003 by the Commission of the European Communities,
represented by M. Konstantinidis, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/18/EC (1) of the European Parliament and
of the Council of 12 March 2001 on the deliberate release
into the environment of genetically modified organisms
and repealing Council Directive 90/220/EEC, or in any
event by failing to inform the Commission thereof, the
Hellenic Republic has failed to fulfil its obligations under
that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be implemented
in the national legal order expired on 17 October 2002.

(1) OJ L 106 of 17.4.2001, p. 1.

Action brought on 3 October 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-417/03)

(2003/C 275/61)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities
on 3 October 2003 by the Commission of the European
Communities, represented by B. Stromsky, acting as Agent,
with an address for service in Luxembourg.