Case C-503/04: Judgment of the Court (Second Chamber) of 18 July 2007 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Judgment of the Court establishing the failure to fulfil obligations — Non-implementation — Article 228 EC — Measures necessary to comply with the judgment of the Court — Rescission of a contract)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, award of contract, national implementing measure, public contract, services contract

C 211/2

EN

Official Journal of the European Union

8.9.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 18 July 2007
— Commission of the European Communities v Federal
Republic of Germany

(Case C-503/04) (1)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing the failure to fulfil obligations —
Non-implementation — Article 228 EC — Measures neces-
sary to comply with the judgment of the Court — Rescission
of a contract)

(2007/C 211/02)

Language of the case: German

1. Declares that, by having failed, at the date on which the period laid
down in the reasoned opinion issued by the Commission of the
European Communities pursuant to Article 228 EC, to adopt all
the necessary measures to comply with the judgment of 10 April
2003 in Joined Cases C-20/01 and C-28/01 Commission v
Germany regarding the conclusion of a contract for waste disposal
by the City of Brunswick (Germany),
the Federal Republic of
Germany has failed to fulfil its obligations under that article;

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

3. Orders the French Republic, the Kingdom of the Netherlands and

the Republic of Finland to bear their own costs.

(1) OJ C 45, 19.2.2005.

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima, acting as Agent)

Defendant: Federal Republic of Germany (represented by: W.-D.
Plessing and C. Schulze-Bahr, Agents, and H.-J. Prieß, lawyer)

the defendant: French Republic (repre-
Interveners in support of
sented by G. de Bergues and J.-C. Gracia, Agents), Kingdom of
the Netherlands (represented by H.G. Sevenster and D.J.M. de
Grave, Agents), Republic of Finland (represented by T. Pynnä,
Agent)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC
— Failure to comply with the Court's judgment of 10 April
2003 in Joined Cases C-20/01 and C-28/01 — Council Direc-
tive 92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts (OJ 1992
L 209, p. 1) — Award of public service contracts by the City of
Brunswick and the Municipality of Bockhorn without calls for
tenders — Request that a periodic penalty payment be imposed

Operative part of the judgment

The Court:

Judgment of the Court (Fourth Chamber) of 12 July 2007
— Commission of the European Communities v Republic
of Austria

(Case C-507/04) (1)

(Failure of a Member State to fulfil obligations — Conserva-
tion of wild birds — Directive 79/409/EEC — Measures
transposing the directive)

(2007/C 211/03)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, B. Schima and M. Lang, acting as
Agents)

Defendant: Republic of Austria (represented by: H. Dossi, acting
as Agent)