Judgment of the Court (First Chamber) of 9 September 2004 in Case C-125/03: Commission of the European Communities against Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Admissibility — Legal interest in bringing proceedings — Directive 92/50/EEC — Public contracts — Services for transport of waste — Procedure without prior publication of a contract notice)
Date: 2004-10-23
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, public contract, publication, termination of a contract, waste disposal

C 262/10

EN

Official Journal of the European Union

23.10.2004

2. Article 23 EC cannot be relied on in support of claims for refunds
of sums levied by way of the marble tax before 16 July 1992,
except by claimants who had, before that date,
initiated legal
proceedings or raised an equivalent claim.

2. Orders the French Republic to pay the costs.

(1) OJ C 113 of 10.5.2003.

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 9 September 2004

in Case C-125/03: Commission of the European Commu-
nities against Federal Republic of Germany (1)

(Failure by a Member State to fulfil its obligations — Admis-
sibility — Legal interest in bringing proceedings — Directive
92/50/EEC — Public contracts — Services for transport of
waste — Procedure without prior publication of a contract
notice)

(2004/C 262/20)

(Language of the case: German)

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

In Case C-125/03: Commission of the European Communities
(Agents: K. Wiedner) v Federal Republic of Germany (Agent:
W.-D. Plessing and A. Tiemann) — action under Article 226
EC for failure to fulfil obligations — the Court (First Chamber),
composed of: P. Jann (Rapporteur), President of Chamber, A.
Rosas, S. von Bahr, K. Lenaerts and K. Schiemann, Judges; L.
Geelhoed, Advocate General; R. Grass, Registrar, has given a
judgment on 9 September 2004, in which it:

1. Declares that, by virtue of

the fact

that contracts for

refuse
removal concluded by the towns of Lüdinghausen, and Olfen, and
the district councils of Nordkirchen, Senden and Ascheberg were
awarded in disregard of the advertising rules laid down in Article
8,
in conjunction with 15(2) and 16(1) of Council Directive
92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts, the Federal
Republic of Germany has failed to fulfil its obligations under that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 September 2004

in Case C-113/03: Commission of the European v French
Republic (1)

(Failure of a Member State to fulfil obligations — Telecom-
munications — Directive 97/33/CE — Number portability
service — Non-geographic numbers)

(2004/C 262/19)

(Language of the case: French)

In Case C-113/03: action under Article 226 EC for failure to
fulfil obligations, brought on 13 March 2003, Commission of
the European Communities (Agents: C. Giolito and M. Shotter)
v French Republic (Agents: G. de Bergues and C. Lemaire) —
the Court (Fifth Chamber), composed of: C. Gulmann (Rappor-
teur), President of the Chamber, S. von Bahr and R. Silva de
Jacobs, Advocate General; R. Grass,
Lapuerta,
Registrar, has given a judgment on 9 September 2004,
in
which it:

Judges; F.G.

1. Declares

that, by failing to ensure that portability of non-
geographic numbers was available on 1 January 2000 at the
latest, as required by Article 12(5) of Directive 97/33/EC of the
European Parliament and of the Council of 30 June 1997 on
interconnection in Telecommunications with regard to ensuring
universal service and interoperability through application of the
principles of Open Network Provision (ONP), as amended by
Article 1(2) of Directive 98/61/EC of the European Parliament
and of the Council of 24 September 1998 with regard to operator
number portability and carrier pre-selection, the French Republic
has failed to fulfil its obligations under that directive;