CELEX: 62008CA0275
Language: en
Date: 2009-10-15 00:00:00
Title: Case C-275/08: Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 93/36/EEC — Public supply contracts — Supply of software designed for motor vehicle registration — Negotiated procedure without prior publication of a contract notice)

5.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/13
            
         Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany
   (Case C-275/08) (1)
   
   (Failure of a Member State to fulfil obligations - Directive 93/36/EEC - Public supply contracts - Supply of software designed for motor vehicle registration - Negotiated procedure without prior publication of a contract notice)
   2009/C 297/13
   Language of the case: German
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: G. Wilms and D. Kukovec, Agents)
   
      Defendant: Federal Republic of Germany (represented by: M. Lumma and N. Graf Vitzthum, Agents)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Breach of Article 6, in conjunction with Article 9, of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) — Contract for the supply of a software application designed for motor vehicle registration concluded without contracting procedures between two bodies governed by public law responsible for data-processing on behalf of local authorities
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts;
            
         
               2.
            
            
               orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 223, 30.08.2008.