CELEX: C2005/006/21
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (First Chamber) of 18 November 2004 in Case C-126/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil its obligations — Directive 92/50/EEC — Public contracts — Waste transport services — Procedure without prior publication of a contract notice — Contract concluded by a contracting authority in relation to an economic activity subject to competition — Contract concluded by a contracting authority in order to be able to submit an offer in a tender procedure — Proof of the service provider's capabilities — Possibility of relying on the capabilities of a third party — Subcontracting — Consequences of a judgment finding a failure to fulfil an obligation)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/12
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 18 November 2004
   in Case C-126/03: Commission of the European Communities v Federal Republic of Germany (1)
   
   (Failure of a Member State to fulfil its obligations - Directive 92/50/EEC - Public contracts - Waste transport services - Procedure without prior publication of a contract notice - Contract concluded by a contracting authority in relation to an economic activity subject to competition - Contract concluded by a contracting authority in order to be able to submit an offer in a tender procedure - Proof of the service provider's capabilities - Possibility of relying on the capabilities of a third party - Subcontracting - Consequences of a judgment finding a failure to fulfil an obligation)
   (2005/C 6/21)
   Language of the case: German
   In Case C-126/03: action under Article 226 EC for failure to fulfil obligations, brought on 20 March 2003, between Commission of the European Communities (Agent: K. Wiedner) and Federal Republic of Germany (Agent: W.-D. Plessing assisted by H.-J. Prieß) — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of the Chamber, A. Rosas, R. Silva de Lapuerta, K. Lenaerts and K. Schiemann, Judges; L.A. Geelhoed, Advocate General; H. von Holstein, Deputy Registrar, for the Registrar, has given a judgment on 18 November 2004, in which it:
   
               1.
            
            
               Declares that, as the contract for the transport of waste from the discharge points in the Donauwald region to the Munich-North thermal power station was awarded by the City of Munich in breach of the procedural rules laid down in Article 8 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, read in conjunction with Article 11(1) of that directive, the Federal Republic of Germany has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 146 of 21.6.2003.