CELEX: 62008CJ0275
Language: en
Date: 2009-10-15
Title: Judgment of the Court (Fourth Chamber) of 15 October 2009.#Commission of the European Communities v Federal Republic of Germany.#Failure of a Member State to fulfil obligations - Directive 93/36/EEC - Public supply contracts - Supply of software designed for motor vehicle registration - Negotiated procedure without prior publication of a contract notice.#Case C-275/08.

Judgment of the Court (Fourth Chamber) of 15 October 2009 – Commission v Germany
      (Case C‑275/08)
      Failure of a Member State to fulfil obligations – Directive 93/36/EEC – Public supply contracts – Supply of software designed for motor vehicle registration – Negotiated procedure without prior publication of a contract notice
      1.                     Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – Exercise of that right
            not dependent on a specific interest in bringing an action (Art. 226 EC) (see paras 26-27)
      2.                     Approximation of laws – Review procedures in respect of the award of public supply and public works contracts – Directive
            89/665 (Art. 226 EC; Council Directive 89/665) (see paras 30-42)
      3.                     Approximation of laws – Procedures for the award of public supply contracts – Directive 93/36 – Derogations from common rules
            (Council Directive 93/36, Art. 6(2) and (3)) (see paras 54-56)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 6, in conjunction with Article 9, of Council Directive
                  93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) – Contract
                  for the supply of a software application designed for motor vehicle registration concluded without contracting procedures
                  between two bodies governed by public law responsible for data-processing on behalf of local authorities.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded
                     a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication
                     of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC
                     of 14 June 1993 coordinating procedures for the award of public supply contracts;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Federal Republic of Germany to pay the costs.