CELEX: C2003/146/09
Language: en
Date: 2003-06-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 10 April 2003 In Joined Cases C-20/01 and C-28/01: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Admissibility — Legal interest in bringing proceedings — Directive 92/50/EEC — Procedures for the award of public service contracts — Negotiated procedure without prior publication of a contract notice — Conditions)

C 146/6                  EN                          Official Journal of the European Union                                             21.6.2003
                  JUDGMENT OF THE COURT                                      1.    Declares that since the Municipality of Bockhorn (Germany)
                                                                                   failed to invite tenders for the award of the contract for the
                                                                                   collection of its waste water and failed to publish notice of the
                           (Fifth Chamber)                                         results of the procedure for the award of the contract in the
                                                                                   Supplement to the Official Journal of the European Communi-
                          of 10 April 2003                                         ties, the Federal Republic of Germany, at the time of the award
                                                                                   of that public service contract, failed to fulfil its obligations
                                                                                   under Article 8 in conjunction with Article 15(2) and
In Joined Cases C-20/01 and C-28/01: Commission of the                             Article 16(1) of Council Directive 92/50/EEC of 18 June
European Communities v Federal Republic of Germany (1)                             1992 relating to the coordination of procedures for the award
                                                                                   of public service contracts;
(Failure by a Member State to fulfil its obligations —
Admissibility — Legal interest in bringing proceedings —                     2.    Declares that since the City of Braunschweig (Germany)
Directive 92/50/EEC — Procedures for the award of public                           awarded a contract for waste disposal by negotiated procedure
service contracts — Negotiated procedure without prior                             without prior publication of a contract notice, although the
        publication of a contract notice — Conditions)                             criteria laid down in Article 11(3) of Directive 92/50 for an
                                                                                   award by privately negotiated procedure without a Community-
                                                                                   wide invitation to tender had not been met, the Federal Republic
                           (2003/C 146/09)                                         of Germany, at the time of the award of that public service
                                                                                   contract, failed to fulfil its obligations under Article 8 and
                    (Language of the case: German)                                 Article 11(3)(b) of that directive;
                                                                             3.    Orders the Federal Republic of Germany to pay the costs;
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           4.    Orders the United Kingdom of Great Britain and Northern
                                                                                   Ireland to bear its own costs.
                                                                             (1 ) OJ C 61 of 24.2.2001.
In Joined Cases C-20/01 and C-28/01, Commission of the
European Communities (Agent: J. Schieferer) v Federal Repub-
lic of Germany (Agent: W.-D. Plessing, assisted by H.-J. Prieß)
supported by United Kingdom of Great Britain and Northern
Ireland (Agent: R. Magrill, assisted by R. Williams, barrister):
Applications for declarations that:
                                                                                                JUDGMENT OF THE COURT
—     by failing to invite tenders for the award of the contract
      for the collection of waste water in the Municipality of
      Bockhorn (Germany) and to publish notice of the results                                             of 6 May 2003
      of the procedure for the award of the contract in the
      Supplement to the Official Journal of the European                     in Case C-104/01 (Reference for a preliminary ruling from
      Communities, the Federal Republic of Germany, at the                   the Hoge Raad der Nederlanden): Libertel Groep BV v
      time of the award of that public service contract, failed to                                Benelux-Merkenbureau, (1)
      fulfil its obligations under Article 8 in conjunction with
      Article 15(2) and Article 16(1) of Council Directive 92/
      50/EEC of 18 June 1992 relating to the coordination of                 (Trade marks — Approximation of laws — Directive 89/
      procedures for the award of public service contracts (OJ               104/EEC — Signs capable of constituting a trade mark—
      1992 L 209, p. 1);                                                            Distinctive character — Colour per se — Orange)
—     at the time of the award of a public service contract, the                                         (2003/C 146/10)
      Federal Republic of Germany failed to fulfil its obligations
      under Article 8 and Article 11(3)(b) of Directive 92/50                                      (Language of the case: Dutch)
      by virtue of the fact that the City of Braunschweig
      (Germany) awarded a contract for waste disposal by
                                                                             (Provisional translation; the definitive translation will be published
      negotiated procedure without prior publication of a
                                                                                                  in the European Court Reports)
      contract notice, although the criteria laid down by
      Article 11(3) for an award of a contract by privately
      negotiated procedure without a Community-wide invi-
      tation to tender had not been met,                                     In Case C-104/01: Reference to the Court under Article 234
                                                                             EC by the Hoge Raad der Nederlanden (Netherlands) for a
the Court (Fifth Chamber), composed of: M. Wathelet, Presi-                  preliminary ruling in the proceedings pending before that
dent of the Chamber, D. A. O. Edward, A. La Pergola, P. Jann                 court between Libertel Groep BV and Benelux-Merkenbureau,
(Rapporteur) and A. Rosas, Judges; L. A. Geelhoed, Advocate                  on the interpretation of Article 3 of First Council Directive 89/
General; M.-F. Contet, Administrator, for the Registrar, has                 104/EEC of 21 December 1988 to approximate the laws of
given a judgment on 10 April 2003, in which it:                              the Member States relating to trade marks (OJ 1989 L 40,