Judgment of the Court (Fourth Chamber) of 3 March 2005 in Case C-414/03: Commission of the European Communities v Federal Republic of Germany (Failure to fulfil obligations — Article 8 of Directive 92/50/EEC — Procedure for awarding contracts for public services — Waste disposal in the Land of Lower Saxony)
Date: 2005-04-30
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, contract, invitation to tender, provision of services, waste management

30.4.2005

EN

Official Journal of the European Union

C 106/7

— at the rate of 6,8 % per annum from 1 January 2003 until

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

the sums payable have been reimbursed in full;

2. Orders Implants (International) Ltd to pay the costs.

(1) OJ 2003 C 275 of 15.11.2003.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 3 March 2005

JUDGMENT OF THE COURT

(Fourth Chamber)

of 27 January 2005

in Case C-416/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2001/18/EC — Failure to transpose within the prescribed
period)

in Case C-414/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure to fulfil obligations — Article 8 of Directive
92/50/EEC — Procedure for awarding contracts for public
services — Waste disposal in the Land of Lower Saxony)

(2005/C 106/13)

(Language of the case: Greek)

(2005/C 106/12)

(Language of the case: German)

In Case C-416/03: Commission of the European Communities
(Agent: M. Konstantinidis) v Hellenic Republic (Agent: N.
Dafniou) — action under Article 226 EC for failure to fulfil
obligations, brought on 3 October 2003 — the Court (Fourth
Chamber), composed of: K. Lenaerts, President of the Chamber,
N. Colneric and K. Schiemann (Rapporteur), Judges; J. Kokott,
Advocate General, gave a judgment on 27 January 2005, in
which it:

In Case C-414/03 Commission of the European Communities
(Agent: K. Wiedner) v Federal Republic of Germany (Agent:
W.-D. Plessing and M. Lumma) — action for failure to fulfil
obligations under Article 226 EC — the Court
(Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
K. Schiemann (Rapporteur) and M. Ilešič, Judges; L.A. Geelhoed,
Advocate General; R. Grass, Registrar, gave a judgment on 3
March 2005, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the prescribed period, the
laws,
to
comply with Directive 2001/18/EC of the European Parliament
and of the Council of 12 March 2001 on the deliberate release
environment of genetically modified organisms and
into the
repealing Council Directive 90/220/EEC, the Hellenic Republic
has failed to fulfil its obligations under that directive;

1. Declares that by the Landkreis Friesland in the Land of Lower
Saxony awarding a contract for the disposal of waste without
complying with the rules on advertising and the procedure laid
down by Article 8 of Council Directive 92/50/EEC of 18 June
1992 relating to the coordination of procedures for the award of
public service contracts together with Titles III and VI of that
directive, the Federal Republic of Germany has failed to fulfil its
obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 275, 15.11.2003.