CELEX: C2004/262/20
Language: en
Date: 2004-10-23 00:00:00
Title: Judgment of the Court (First Chamber) of 9 September 2004 in Case C-125/03: Commission of the European Communities against Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Admissibility — Legal interest in bringing proceedings — Directive 92/50/EEC — Public contracts — Services for transport of waste — Procedure without prior publication of a contract notice)

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/10
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 9 September 2004
   in Case C-125/03: Commission of the European Communities against Federal Republic of Germany (1)
   
   (Failure by a Member State to fulfil its obligations - Admissibility - Legal interest in bringing proceedings - Directive 92/50/EEC - Public contracts - Services for transport of waste - Procedure without prior publication of a contract notice)
   (2004/C 262/20)
   Language of the case: German
   In Case C-125/03: Commission of the European Communities (Agents: K. Wiedner) v Federal Republic of Germany (Agent: W.-D. Plessing and A. Tiemann) — action under Article 226 EC for failure to fulfil obligations — the Court (First Chamber), composed of: P. Jann (Rapporteur), President of Chamber, A. Rosas, S. von Bahr, K. Lenaerts and K. Schiemann, Judges; L. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 9 September 2004, in which it:
   
               1.
            
            
               Declares that, by virtue of the fact that contracts for refuse removal concluded by the towns of Lüdinghausen, and Olfen, and the district councils of Nordkirchen, Senden and Ascheberg were awarded in disregard of the advertising rules laid down in Article 8, in conjunction with 15(2) and 16(1) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, 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 112 of 10.5.2003.