CELEX: C2001/061/19
Language: en
Date: 2001-02-24 00:00:00
Title: Case C-26/01: Action brought on 23 January 2001 by the Commission of the European Communities against the French Republic

24.2.2001              EN                   Official Journal of the European Communities                                         C 61/11
Action brought on 16 January 2001 by the Commission                    Action brought on 23 January 2001 by the Commission
of the European Communities against the Federal Repub-                 of the European Communities against the French Republic
                         lic of Germany
                                                                                                 (Case C-26/01)
                          (Case C-20/01)
                                                                                                 (2001/C 61/19)
                         (2001/C 61/18)
                                                                       An action against the French Republic was brought before the
An action against the Federal Republic of Germany was                  Court of Justice on 23 January 2001 by the Commission of
brought before the Court of Justice on 16 January 2001 by the          the European Communities, represented by G. Berscheid,
Commission of the European Communities, represented by                 acting as Agent, with an address for service in Luxembourg.
Josef Christian Schieferer, of the Legal Service of the Com-
mission of the European Communities, with an address for
service in Luxembourg at the office of Carlos Gómez de la             The Commission of the European Communities claims that
Cruz, of the Legal Service of the Commission of the European           the Court should:
Communities, Wagner Centre C 254, Kirchberg.
                                                                       —     declare that, by failing to bring into force within the
The applicant claims that the Court should:                                  prescribed time-limit the laws, regulations and adminis-
                                                                             trative measures necessary in order to comply with
                                                                             Council Directive 98/56/EC of 20 July 1998 on the
(1) declare that, by failing to invite tenders for the award of              marketing of propagating material of ornamental
      the contract for the treatment of waste water in the                   plants (1), the French Republic has failed to comply with
      Municipality of Bockhorn and to arrange for notice of                  its obligations under Article 19 of that directive;
      the results of the procedure for the award of the contract
      to be published in the S Series of the Official Journal of
      the European Communities, the Federal Republic of                —     order the French Republic to pay the costs.
      Germany has failed to comply with its obligations under
      Article 8 in conjunction with Article 15(2) and Article
      16(1) of Council Directive 92/50/EEC (1) of 18 June 1992         Pleas in law and main arguments
      relating to the coordination of procedures for the award
      of public service contracts;
                                                                       The mandatory nature of the provisions of Articles 10 and
(2) order the defendant to pay the costs.                              249 EC is such as to oblige Member States to adopt the
                                                                       measures necessary in order to transpose directives which are
                                                                       addressed to them into their national legal order prior to the
                                                                       expiry of the time-limit prescribed for so doing. The time-limit
Pleas in law and main arguments                                        fixed in Article 19 of the directive expired on 1 July 1999.
The German Government concedes that a Community-wide
invitation to tender for the award of the contract for the             (1) OJ L 226 of 13.8.1998, p. 16.
treatment of waste water in the Municipality of Bockhorn
should have been issued in accordance with the provisions
of Directive 92/50/EEC; notwithstanding that concession,
however, and despite the fact that an instruction was issued by
the Government of the Land requiring subordinate authorities
to ensure in a suitable manner that the contracting authorities
within that Land complied to the letter with the rules prescribed
by Community law for the award of contracts, the fact remains
that a definite infringement of the Treaty has been committed.         Action brought on 23 January 2001 by the Commission
Moreover, the Municipality of Bockhorn has committed a                 of the European Communities against the Grand Duchy
further infringement of EC law by maintaining the waste-water                                    of Luxembourg
contract and continuing to apply that contract in the same
way as before. Since the conduct contrary to the directive is
thus subsisting, it is undeniable that the defendant has failed                                  (Case C-27/01)
to take, within the time-limit laid down in the reasoned
opinion, all the national measures required in order to comply
                                                                                                 (2001/C 61/20)
with the directive.
                                                                       An action against the Grand Duchy of Luxembourg was
(1) OJ 1992 L 209, p. 1.                                               brought before the Court of Justice on 23 January 2001 by the
                                                                       Commission of the European Communities, represented by
                                                                       G. Berscheid, acting as Agent, with an address for service in
                                                                       Luxembourg.