Judgment of the Court (Second Chamber) of 24 June 2004 in Case C-212/02: Commission of European Communities v Austria Republic (Failure of a Member State to fulfil obligations — Directives 89/665/EEC and 92/13/EEC — Inadequate transposition — Obligation that legislation relating to the award of public contracts provide for a procedure whereby all unsuccessful tenderers may have the award decision set aside)
Date: 2004-08-07
Institutions: Court of Justice
Subjects: Austria, action for failure to fulfil an obligation, award of contract, contract, public contract

7.8.2004

EN

Official Journal of the European Union

C 201/3

the

inasmuch as

(Agents: C. Pesendorfer and M. Fruhmann) — application for a
declaration that,
Landesvergabegesetze
(regional public procurement laws) of the Länder of Salzburg,
Styria, Lower Austria and Carinthia do not in all cases provide
for a review procedure whereby an unsuccessful tenderer may
have an award decision set aside, the Republic of Austria has
failed to fulfil its obligations under Article 2(1)(a) and (b) of
Council Directive 89/665/EEC of 21 December 1989 on the
coordination of the laws, regulations and administrative provi-
sions relating to the application of review procedures to the
award of public supply and public works contracts (OJ 1989 L
395, p. 33) and of Council Directive 92/13/EEC of 25 February
1992 coordinating the laws, regulations and admnistrative
provisions relating to the application of Community rules on
the procurement procedures of entities operating in the water,
energy, transport and telecommunications sectors (OJ 1991 L
76, p. 14) — the Court
(Second Chamber), composed of:
C.W.A. Timmermans, President of the Chamber, J.-P. Puissochet
(Rapporteur), R. Schintgen, F. Macken and N. Colneric, Judges;
M. Poiares Maduro, Advocate General; R. Grass, Registrar, has
given a judgment on 24 June 2004, in which it:

1. Declares

that

inasmuch as

the Landesvergabegesetze (regional
public procurement laws) of the Länder of Salzburg, Styria, Lower
Austria and Carinthia do not in all cases provide for a review
procedure whereby an unsuccessful tenderer may have an award
decision set aside, the Republic of Austria has failed to fulfil its
obligations under Article 2(1)(a) and (b) of Council Directive
89/665/EEC of 21 December 1989 on the coordination of the
laws, regulations and administrative provisions relating to the
application of review procedures to the award of public supply and
public works contracts and of Council Directive 92/13/EEC of 25
February 1992 coordinating the laws, regulations and administra-
tive provisions relating to the application of Community rules on
the procurement procedures of entities operating in the water,
energy, transport and telecommunications sectors;

under Articles 3(1) and 5(2) of Council Directive 91/271/EEC
of 21 May 1991 concerning urban waste-water treatment (OJ
1991 L 135, p. 40), as amended by Commission Directive
98/15/EC of 27 February 1998 (OJ 1998 L 67, p. 29) — the
Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues,
President of
J.-P. Puissochet and F. Macken
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, has given a judgment on 24 June 2004, in which it:

the Chamber,

1. Declares that, by not taking the measures necessary for the instal-
lation of a collecting system for urban waste water from the area
of Thriasio Pedio and not subjecting urban waste water from that
area to treatment more stringent than secondary treatment before
its discharge into the sensitive area of the Gulf of Elefsina, the
Hellenic Republic has failed to fulfil
its obligations under the
second subparagraph of Article 3(1) and Article 5(2) of Council
Directive 91/271/EEC of 21 May 1991 concerning urban waste-
water treatment, as amended by Commission Directive 98/15/EC
of 27 February 1998;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 131, 1.6.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 24 June 2004

in Case C-212/02: Commission of European Communities
v Austria Republic (1)

(Failure of a Member State to fulfil obligations — Directives
89/665/EEC and 92/13/EEC — Inadequate transposition —
Obligation that legislation relating to the award of public
contracts provide for a procedure whereby all unsuccessful
tenderers may have the award decision set aside)

(2004/C 201/05)

(Language of the case: German)

(Provisional translation; the definitive translation will be published in
the European Court Reports)

2. Orders the Republic of Austria to pay the costs.

In Case C-212/02, Commission of the European Communities
(Agent: M. Nolin, assisted by R. Roniger) v Republic of Austria

(1) OJ C 180, 27.7.2002.