CELEX: C2001/061/22
Language: en
Date: 2001-02-24 00:00:00
Title: Case C-29/01: Action brought on 24 January 2001 by the Commission of the European Communities against the Kingdom of Spain

C 61/12                EN                  Official Journal of the European Communities                                       24.2.2001
The Commission of the European Communities claims that                (2) order the Federal Republic of Germany to pay the costs.
the Court should:
—     declare that, by failing to bring into force within the         Pleas in law and main arguments
      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               Although, under Article 3(k) of the (former version of the) EC
      marketing of propagating material of ornamental                 Treaty, the activities of the Community include a policy in the
      plants (1), the Grand Duchy of Luxembourg has failed to         sphere of the environment, an environmental policy forms
      comply with its obligations under Article 19 of that            part of the task of establishing a common market, as described
      directive;                                                      in Article 2 of the (former version of the) EC Treaty, only in so
                                                                      far as the achievement of the tasks in question is designed to
—     order the Grand Duchy of Luxembourg to pay the costs.           promote ‘growth respecting the environment’. It follows from
                                                                      this that, in the implementation of Community policies,
                                                                      reasonable regard must be had to environmental aspects, but
                                                                      it does not follow that environmental considerations must be
Pleas in law and main arguments                                       given precedence over the implementation of the other policies
                                                                      specified. For the purposes of the present case, this means that,
The pleas in law and main arguments are similar to those in           in the context of the award of a public service contract, lengthy
Case C-26/01.                                                         transportation routes, or the avoidance of such routes, may
                                                                      not constitute a factor the effect of which is totally to preclude
                                                                      from the outset, by reference to an environmental argument,
(1) OJ L 226 of 13.8.1998, p. 16.                                     the issuing of an invitation to tender for the provision of the
                                                                      services in question and thereby to create an obstacle to trade
                                                                      in services within the Community. Consequently, the City of
                                                                      Braunschweig was not entitled, by having recourse to an
                                                                      environmental argument, illegally to evade the duty imposed
                                                                      by Community law to issue a Community-wide invitation to
                                                                      tender for a contract for refuse disposal.
                                                                      It is irrelevant that the German Government has conceded that
Action brought on 23 January 2001 by the Commission                   there has been an infringement of the Community rules
of the European Communities against the Federal Repub-                governing the award of public contracts and that the German
                         lic of Germany                               authorities concerned have been instructed to comply with the
                                                                      provisions of EC law governing the award of public contracts,
                                                                      since, by maintaining the contract and continuing to apply it,
                         (Case C-28/01)
                                                                      the City of Braunschweig is persisting in its infringement of
                                                                      Community law.
                         (2001/C 61/21)
                                                                      (1) OJ 1992 L 209, p. 1.
An action against the Federal Republic of Germany was
brought before the Court of Justice on 23 January 2001 by the
Commission of the European Communities, represented by
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
Cruz, of the Legal Service of the Commission of the European
Communities, Wagner Centre C 254, Kirchberg.
                                                                      Action brought on 24 January 2001 by the Commission
The applicant claims that the Court should:                           of the European Communities against the Kingdom of
                                                                                                     Spain
(1) declare that, by virtue of the fact that the City of
      Braunschweig awarded a contract for refuse disposal by
      negotiated procedure without prior publication of a                                       (Case C-29/01)
      contract notice, notwithstanding that the criteria laid
      down in Article 11(3) of Directive 92/50/EE (1) for an                                    (2001/C 61/22)
      award by negotiated procedure without a Community-
      wide invitation to tender were not fulfilled, the Federal
      Republic of Germany has failed to comply with its               An action against the Kingdom of Spain was brought before
      obligations in respect of the award of public service           the Court of Justice on 24 January 2001 by the Commission
      contracts under Article 8 and Article 11(3)(c) of that          of the European Communities, represented by Gregorio Valero
      directive;                                                      Jordana, with an address for service in Luxembourg.
 ---pagebreak--- 24.2.2001              EN                    Official Journal of the European Communities                                   C 61/13
The applicant claims that the Court should:                                    Removal from the register of Case C-67/00 (1)
—     declare that, by failing to adopt the laws, regulations and                               (2001/C 61/24)
      administrative measures necessary in order to comply
      with Council Directive 96/61/EC of 24 September 1996              By order of 13 September 2000 the President of the Court of
      concerning integrated pollution prevention and con-               Justice of the European Communities has ordered the removal
      trol (1) or, in any event, to inform the Commission               from the register of Case C-67/00: Commission of the
      thereof, the Kingdom of Spain has failed to comply with           European Communities v Ireland.
      its obligations under that directive;
                                                                        (1) OJ C 149 of 27.5.2000.
—     order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
The pleas in law and main arguments are analogous to those
                                                                               Removal from the register of Case C-68/00 (1)
in Case C-26/01; the time-limit for transposition expired on
30 October 1999.
                                                                                                (2001/C 61/25)
(1) OJ L 257 of 10.10.1996, p. 26.                                      By order of 13 September 2000 the President of the Court of
                                                                        Justice of the European Communities has ordered the removal
                                                                        from the register of Case C-68/00: Commission of the
                                                                        European Communities v Ireland.
                                                                        (1) OJ C 135 of 13.5.2000.
       Removal from the register of Case C-505/99 (1)
                         (2001/C 61/23)
                                                                               Removal from the register of Case C-70/00 (1)
By order of 6 September 2000 the President of the Court of
Justice of the European Communities has ordered the removal                                     (2001/C 61/26)
from the register of Case C-505/99: Commission of the
European Communities v Kingdom of Belgium.                              By order of 13 September 2000 the President of the Court of
                                                                        Justice of the European Communities has ordered the removal
                                                                        from the register of Case C-70/00: Commission of the
(1) OJ C 79 of 18.3.2000.                                               European Communities v Ireland.
                                                                        (1) OJ C 122 of 29.4.2000.