Judgment of the Court (First Chamber) of  10 November 2005  in Case C-29/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 8, 11(1) and 15(2) of Directive 92/50/EEC — Procedure for the award of public service contracts — Contract relating to waste disposal — Absence of call for tenders)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, award of contract, contract, waste disposal

14.1.2006

EN

Official Journal of the European Union

C 10/3

1. On a proper construction of Article 8(1) of Council Regulation
(EC) No 1348/2000 of 29 May 2000 on the service in the
Member States of judicial and extrajudicial documents in civil or
commercial matters, when the addressee of a document has refused
it on the ground that it is not in an official
language of the
Member State addressed or in a language of the Member State of
transmission which the addressee understands, it is possible for the
sender to remedy that by sending the translation requested.

2. On a proper

construction of Article 8 of Regulation No
1348/2000, when the addressee of a document has refused it on
the ground that it is not in an official language of the Member
State addressed or in a language of the Member State of transmis-
sion which the addressee understands, that situation may be reme-
died by sending the translation of the document in accordance
with the procedure laid down by Regulation No 1348/2000 and
as soon as possible.

In order to resolve problems connected with the way in which the
lack of translation should be remedied that are not envisaged by
it is
Regulation No 1348/2000 as interpreted by the Court,
incumbent on the national court to apply national procedural law
while taking care to ensure the full effectiveness of that regulation,
in compliance with its objective.

(1) OJ C 304, 13.12.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 10 November 2005

in Case C-29/04: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Articles 8,
11(1) and 15(2) of Directive 92/50/EEC — Procedure for the
award of public service contracts — Contract relating to
waste disposal — Absence of call for tenders)

(2006/C 10/05)

(Language of the case: German)

In Case C-29/04: Commission of the European Communities
(Agent: K. Wiedner) v Republic of Austria (Agent: M. Fruh-
mann) — action under Article 226 EC for failure to fulfil obli-
gations, brought on 28 January 2004 — the Court
(First
Chamber), composed of P. Jann, President of the Chamber, K.
Schiemann (Rapporteur), J.N. Cunha Rodrigues, K. Lenaerts and

M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass,
Registrar, gave a judgment on 10 November 2005, in which it:

1. Declares that, in that the contract for the disposal of the town of
Mödling's waste was entered into without complying with the
procedural and advertising rules laid down by Article 8,
in
conjunction with Articles 11(1) and 15(2) of Council Directive
92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts, the Republic
of Austria has failed to fulfil its obligations under that directive;

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

(1) OJ C 71 of 20.3.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 10 November 2005

in Case C-197/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Tax on
the consumption of manufactured tobacco — Separate taxa-
tion of cigarettes and rolls of tobacco ‘West Single Packs’)

(2006/C 10/06)

(Language of the case: German)

In Case C-197/04, Commission of the European Communities
(Agent: K. Gross) v Federal Republic of Germany (Agents: C.-D.
Quassowski, A. Tiemann and U. Forsthoff) — Action under
Article 226 EC for failure to fulfil obligations, brought on 30
April 2004, — the Court (First Chamber), composed of P. Jann,
President of the Chamber, K. Lenaerts, E. Juhász, M. Ilešič and
E. Levits (Rapporteur), Judges; F.G. Jacobs, Advocate General;
M. Ferreira, Principal Administrator, for the, Registrar, gave a
judgment on 10 November 2005, in which it:

1. Declares that, by applying the tax rate for fine-cut tobacco for
self-rolled cigarettes to rolls of tobacco sold under the name ‘West
Single Packs’, the Federal Republic of Germany has failed to fulfil
its
obligations under Article 4(1)(b) of Council Directive
95/59/EC of 27 November 1995 on taxes other than turnover
taxes which affect the consumption of manufactured tobacco, and
the first paragraph of Article 2 of Council Directive 92/79/EEC
of 19 October 1992 on the approximation of taxes on cigarettes;