CELEX: 62010CJ0574
Language: en
Date: 2012-03-15 00:00:00
Title: Judgment of the Court (Third Chamber) of 15 March 2012.#European Commission v Federal Republic of Germany.#Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value.#Case C-574/10.

Judgment of the Court (Third Chamber) of 15 March 2012 —Commission v Germany(Case C-574/10)
      Failure of a Member State to fulfil its obligations — Directive 2004/18/EC — Public service contracts — Architecture and engineering services — Design, planning and supervision of a project to renovate a public building — Project carried out in several phases, for budgetary reasons — Market value
      Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Public service contracts — Definition (European Parliament and Council Directive 2004/18, Arts 2(7)(b), 9, 20 and 23 to 55) (see paras 37, 41-52, operative
         part)
      
      Re:
      
         
               Failure of a Member State to fulfil its obligations — Infringement of Articles 2, 9 and 20 in conjunction with Articles 23
                  to 55 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures
                  for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114) — Award
                  by the municipality of Niedernhausen, without a Europe-wide invitation to tender, of several architecture services relating
                  to the same construction project to an engineering agency — Division of the service awarded — Calculation of the market value.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, because the municipality of Niedernhausen awarded an architecture services contract relating to the renovation
                     of a public building called ‘Autalhall’ located in the territory of that municipality, the value of which exceeded the threshold
                     laid down in Article 7(b) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination
                     of procedures for the award of public works contracts, public supply contracts and public service contracts, without conducting
                     a Europe-wide invitation to tender, the Federal Republic of Germany has failed to fulfil its obligations under Articles 2,
                     9 and 20 in conjunction with Articles 23 to 55 of that directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Federal Republic of Germany to pay the costs.