Judgment of the Court of Justice (Second Chamber) of 13 January 2005 in Case C-84/03 Commission of the European Communities v Kingdom of Spain (Failure to fulfil obligations — Directives 93/36/EEC and 93/37/EEC — Public contracts — Award procedure for public supply and public works contracts — Scope — Definition of contracting authority — Inter-administrative cooperation agreements — Definition of contract — Use of the negotiated procedure in cases not provided for by the directive)
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, administrative procedure, national implementing measure, public contract, supplies contract, technical standard, works contract

C 82/2

EN

Official Journal of the European Union

2.4.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT OF JUSTICE

(Second Chamber)

(Second Chamber)

of 27 January 2005

of 13 January 2005

in Case C-15/03: Commission of the European Commu-
nities v Republic of Austria (1)

in Case C-84/03 Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
75/439/EEC — Disposal of waste oils — Priority to proces-
sing by regeneration)

(Failure to fulfil obligations — Directives 93/36/EEC and
93/37/EEC — Public contracts — Award procedure for
public supply and public works contracts — Scope — Defini-
tion of contracting authority — Inter-administrative coopera-
tion agreements — Definition of contract — Use of the nego-
tiated procedure in cases not provided for by the directive)

(2005/C 82/03)

(Language of the case: German)

(Agent:

the European Communities

In Case C-15/03: action under Article 226 EC for failure to
fulfil obligations, brought on 14 January 2003 – Commission
of
J. Grunwald and
M. Konstantinidis) v Republic of Austria (Agent: E. Riedl, M.
Hauer and E. Wolfslehner) supported by: Republic of Finland
(Agent: T. Pynnä) and by United Kingdom of Great Britain and
Northern Ireland (Agent: K. Manji and by M. Demetriou) – the
Court (Second Chamber), composed of C.W.A. Timmermans,
President of the Chamber, R. Silva de Lapuerta (Rapporteur), C.
Gulmann, G. Arestis and J. Klučka, Judges; A. Tizzano, Advo-
cate General; K. Sztranc, Administrator, for the Registrar, gave
a judgment on 27 January 2005, in which it:

1. Declares that, by failing to adopt the measures necessary to give
priority to the processing of waste oils by regeneration where the
technical, economic and organisational constraints so allow, the
Republic of Austria has failed to fulfil its obligations under Article
3(1) of Council Directive 75/439/EEC of 16 June 1975 on the
of waste oils, as amended by Council Directive
disposal
87/101/EEC of 22 December 1986;

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

3. Orders the Republic of Finland and the United Kingdom of Great

Britain and Northern Ireland to bear their own costs.

(1) OJ C 55 of 08.03.2003.

(2005/C 82/04)

(Language of the case: Spanish)

In Case C-84/03, concerning an action for failure to fulfil obli-
gations under Article 226 EC, brought on 26 February 2003
by the Commission of the European Communities (Agents:
K. Wiedner and G. Valero Jordana) against the Kingdom of
Spain (Agent: S. Ortiz Vaamonde), the Court of Justice (Second
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, R. Schintgen, J. Makarczyk (Rapporteur), G. Arestis
and J. Klučka, Judges; Advocate General, J. Kokott; Registrar, R.
Grass, gave a judgment on 13 January 2005, in which it:

1. Declares that by failing to transpose correctly into its national
legal system Council Directive 93/36/EEC of 14 June 1993 coor-
dinating procedures for the award of public supply contracts and
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works contracts
and, in particular,

— by excluding from the scope of the Ley de Contratos de las
Administraciones Públicas
(Law on contracts awarded by
public authorities) of 16 June 2000, in the codified version
approved by the Real Decreto Legislativo 2/2000 of 16 June
2000, more particularly in Article 1(3) thereof, the private
law undertakings fulfilling the requirements laid down in the
first, second and third indents of the second subparagraph of
Article 1(b) of each of those directives;

thereof,

— by excluding absolutely from the scope of that law, in Article
concluded between
cooperation agreements
3(1)(c)
public authorities and the other public undertakings and,
therefore, also agreements which constitute public contracts for
the purpose of those directives; and

2.4.2005

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Official Journal of the European Union

C 82/3

— by permitting, in Article 141(a) and Article 182(a) and (g)
of that law, the negotiated procedure to be used in two cases
which are not provided for in those directives,

the Kingdom of Spain has failed to fulfil its obligations under
those directives;

3. Orders the Republic of Finland to bear its own costs.

(1) OJ C 112 of 10.05.2003.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 101 of 26.4.2003

JUDGMENT OF THE COURT

(Second Chamber)

of 27 January 2005

JUDGMENT OF THE COURT

Kühnel (1)

in Case C-188/03 (reference for a preliminary ruling from
Irmtraud Junk v Wolfgang
the Arbeitsgericht Berlin):

(Second Chamber)

of 27 January 2005

(Directive 98/59/EC — Collective redundancies — Consulta-
tion with workers' representatives — Notification to the
competent public authority — Concept of ‘redundancy’ —
Time at which redundancy takes effect)

in Case C-92/03: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations — Directive
75/439/EEC — Disposal of waste oils — Priority to proces-
sing by regeneration)

(2005/C 82/05)

(Language of the case: Portuguese)

the European Communities

In Case C-92/03: action under Article 226 EC for failure to
fulfil obligations, brought on 28 February 2003 – Commission
of
(Agents: A. Caeiros and
M. Konstantinidis) v Portuguese Republic (Agents: L. Fernandes
supported by: Republic of Finland (Agent:
and M. Lois)
A. Guimaraes-Purokoski) – the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Silva de Lapuerta (Rapporteur), C. Gulmann, R. Schintgen
and J. Klučka, Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, gave a judgment on 27 January 2005, in which it:

1. Declares that, by failing to adopt the measures necessary to give
priority to the processing of waste oils by regeneration where the
technical, economic and organisational constraints so allow, the
Portuguese Republic has failed to fulfil
its obligations under
Article 3(1) of Council Directive 75/439/EEC of 16 June 1975
on the disposal of waste oils, as amended by Council Directive
87/101/EEC of 22 December 1986;

2. Orders the Portuguese Republic to pay the costs;

(2005/C 82/06)

(Language of the case: German)

In Case C-188/03, reference for a preliminary ruling under
Article 234 EC from the Arbeitsgericht (Labour Court) Berlin
(Germany), made by decision of 30 April 2003, received at the
Court on 7 May 2003, in the proceedings pending before that
court between Irmtraud Junk and Wolfgang Kühnel – the Court
(Second Chamber), composed of C.W.A. Timmermans, Presi-
dent of
the Chamber, R. Silva de Lapuerta, C. Gulmann
(Rapporteur), P. Kūris and G. Arestis, Judges; A. Tizzano, Advo-
for the
cate General; M.-F. Contet, Principal Administrator,
Registrar, gave a judgment on 27 January 2005, the operative
part of which is as follows:

1. Articles 2 to 4 of Council Directive 98/59/EC of 20 July 1998
on the approximation of the laws of the Member States relating to
collective redundancies must be construed as meaning that the
event constituting redundancy consists in the declaration by an
employer of his intention to terminate the contract of employment.

2. An employer is entitled to carry out collective redundancies after
the conclusion of the consultation procedure provided for in Article
2 of Directive 98/59 and after notification of the projected collec-
tive redundancies as provided for in Articles 3 and 4 of that direc-
tive.

(1) OJ C 213 of 06.09.2003.