CELEX: C1996/180/24
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 25 April 1996 in Case C-274/93: Commission of the European Communities v. Grand Duchy of Luxembourg (Failure by a Member State to fulfil obligations - Failure to implement Council Directive 86/609/EEC - Protection of animals used for experimental and other scientific purposes)

No C 180/ 12         EN                  Official Journal of the European Communities                                   22 . 6 . 96
              JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                        ( Fifth Chamber)                                                       ( Sixth Chamber)
                      of 28 March 1996                                                        of 25 April 1996
 in Case C-318/94: Commission of the European                        in Case       C-274/93 : Commission of the European
      Communities v. Federal Republic of Germany ( ! )                     Communities v. Grand Duchy of Luxembourg ( ï )
 (Failure to fulfil obligations — Public works contracts —           (Failure by a Member State to fulfil obligations — Failure to
              Failure to publish a tender notice)                    implement Council Directive 86/609/EEC — Protection of
                          { 96/C 180/23 )                            animals used for experimental and other scientific
                                                                                                     purposes)
                                                                                                  ( 96/C 180/24 )
               (Language of tbe case: German)
                                                                                      (Language of the case: Frencb)
 (Provisional translation; the definitive translation will be        (Provisional translation; the definitive translation will be
         published in the European Court Reports)                             published in the European Court Reports)
                                                                     In Case C-274/93 : Commission of the European
In Case C-318/94 : Commission of the European                        Communities (Agent: Xavier Lewis ) v . Grand Duchy of
 Communities (Agents : Hendrik van Lier and, initially,              Luxembourg — application for a declaration that, by not
Angela Bardenhewer, and, subsequently, Claudia Schmidt)              adopting, within the prescribed period, all the measures
v. Federal Republic of Germany ( Agents : Ernst Roder and            necessary to comply with Council Directive 86/609/EEC of
Gereon Thiele ) — application for a declaration that, the            24 November 1986 on the approximation of laws,
Waterways and Navigation Office, Emden having awarded                regulations and administrative provisions of the Member
the public works contract for the dredging of the lower Ems          States relating to the protection of animals used for
between Papenburg and Oldersum by negotiated procedure               experimental and other scientific purposes, the Grand
without prior publication of a tender notice in the Official        Duchy of Luxembourg has failed to fulfil its obligations
                                                                     under Article 25 of that Directive and under Articles 5 and
Journal ofthe European Communities, the Federal Republic
of Germany has failed to fulfil its obligations under Council        189 of the EC Treaty — the Court ( Sixth Chamber ),
Directive 71 /305/EEC of 26 July 1971 concerning the                composed of C. N. Kakouris, President of the Chamber, G.
coordination of procedures for the award of public works            Hirsch ( Rapporteur ), F. A. Schockweiler, P. J. G. Kapteyn
contracts ( OJ, English Special Edition 1971 ( II ), p . 682 ), as  and J. L. Murray, Judges; F. G. Jacobs, Advocate-General ;
amended by Council Directive 89/440/EEC of 18 July 1989             H. von Holstein, Deputy Registrar, gave a judgment on
( OJ No L 210, 1989 , p. 1 ) — the Court ( Fifth Chamber ),         25 April 1996 , in which it:
composed of D. A. O. Edward ( President of the Chamber),
J. C. Moitinho de Almeida, P. Jann ( Rapporteur), L. Sevon           1 . Dismisses the application as inadmissible.
and M. Wathelet, Judges; M. B. Elmer, Advocate-General;
R. Grass, Registrar, has given a judgment on 28 March               2 . Orders the Grand Duchy of Luxembourg to pay the
                                                                          costs .
1996 , in which it:
                                                                    ( ] ) OJ No C 168 , 19 . 6 . 1993 .
1 . Declares that, the Waterways and Navigation Office,
    Emden having awarded the public works contract for
    the dredging of the lower Ems between Papenburg and
     Oldersum by negotiated procedure without prior
    publication of a tender notice in the Official Journal of                      JUDGMENT OF THE COURT
    the European Communities, the Federal Republic of                                         ( Fifth Chamber )
    Germany has failed to fulfil its obligations under
    Council Directive 71 /305/EEC of 26 July 1971                                            of 25 April 1996
    concerning the coordination of procedures for the               in     Case C-87/94: Commission of the European
    award of public works contracts, as amended by                               Communities v. Kingdom of Belgium ( J )
    Council Directive 89/440/EEC of 18 July 1989.
                                                                    (Public contracts — Transport sector — Directive
                                                                                                  90/531/EEC)
                                                                                                 ( 96/C 180/25 )
2 . Orders the Federal Republic of Germany to pay the
    costs .
                                                                                     (Language of the case: French)
(') OJ No C 380, 31 . 12 . 1994 .                                   (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
                                                                    In Case C-87/94, Commission of the European
                                                                    Communities ( Agent: Hendrik van Lier) v. Kingdom of