CELEX: C2003/275/59
Language: en
Date: 2003-11-15 00:00:00
Title: Case-414/03: Action brought on 2 October 2003 by the Commission of the European Communities against the Federal Republic of Germany

15.11.2003               EN                        Official Journal of the European Union                                           C 275/39
Action brought on 2 October 2003 by the Commission                         Action brought on 3 October 2003 by the Commission of
of the European Communities against the Federal Repub-                     the European Communities against the Hellenic Republic
                            lic of Germany
                                                                                                   (Case C-416/03)
                             (Case-414/03)
                           (2003/C 275/59)                                                         (2003/C 275/60)
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-               An action against the Hellenic Republic was brought before
                                                                           the Court of Justice of the European Communities on 3 Octo-
ties on 2 October 2003 by the Commission of the European
                                                                           ber 2003 by the Commission of the European Communities,
Communities, represented by Klaus Wiedner, a member of the
                                                                           represented by M. Konstantinidis, of its Legal Service.
Legal Service of the Commission of the European Communi-
ties, with an address for service in Luxembourg.
                                                                           The Commission claims that the Court should:
The Commission of the European Communities claims that
the Court should:                                                          —     declare that, by failing to adopt the laws, regulations
                                                                                 and administrative provisions necessary to comply with
—     declare that by allowing a contract for the disposal of                    Directive 2001/18/EC (1) of the European Parliament and
      waste entered into by the local authority for Friesland to                 of the Council of 12 March 2001 on the deliberate release
      be awarded without the provisions relating to giving                       into the environment of genetically modified organisms
      notice provided for in Article 8 of Directive 92/50 (1) in                 and repealing Council Directive 90/220/EEC, or in any
      conjunction with Titles III to VI of that Directive being                  event by failing to inform the Commission thereof, the
      complied with, the Federal Republic of Germany has                         Hellenic Republic has failed to fulfil its obligations under
      failed to fulfil its obligations under that Directive;                     that directive;
—     order the Federal Republic of Germany to pay the costs.
                                                                           —     order the Hellenic Republic to pay the costs.
Pleas in law and main arguments
                                                                           Pleas in law and main arguments
Although the defendant admitted to the alleged infringement
and claimed that it intended to award the contract for the
disposal of waste in a manner that complies with EU public                 The period within which the directive had to be implemented
procurement law in future, it took no steps to terminate the               in the national legal order expired on 17 October 2002.
current contract which remains in force up to 13 December
2004.
                                                                           (1) OJ L 106 of 17.4.2001, p. 1.
Nor does it even claim that it is possible for the contract to be
terminated under German law. It merely points to the fact that
to terminate the contract early could lead to claims for
damages. However, the effectiveness of Community public
procurement law is greatly enhanced precisely where con-
tracting authorities do in appropriate cases have to contend
with the possibility of paying out damages.
                                                                           Action brought on 3 October 2003 by the Commission
                                                                           of the European Communities against the Kingdom of
Nor can the obligation to bring infringements of Community                                              Belgium
public procurement law to an end by terminating contracts
already entered into be called in question by Article 2(6) of
Directive 89/665 (2) which relates to reviews of possible                                          (Case C-417/03)
infringements of Community public procurement law. An
infringement of the Treaty can be regarded as having been                                          (2003/C 275/61)
brought to an end only where the Member State has acknowl-
edged the wrongfulness of the conduct and the infringement
has also been fully brought to an end.
                                                                           An action against the Kingdom of Belgium was brought
(1) OJ L 209, p. 1.                                                        before the Court of Justice of the European Communities
(2) OJ L 395, p. 33.                                                       on 3 October 2003 by the Commission of the European
                                                                           Communities, represented by B. Stromsky, acting as Agent,
                                                                           with an address for service in Luxembourg.