CELEX: C2006/010/05
Language: en
Date: 2006-01-14 00:00:00
Title: Judgment of the Court (First Chamber) of  10 November 2005  in Case C-29/04: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 8, 11(1) and 15(2) of Directive 92/50/EEC — Procedure for the award of public service contracts — Contract relating to waste disposal — Absence of call for tenders)

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/3
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 10 November 2005
   in Case C-29/04: Commission of the European Communities v Republic of Austria (1)
   
   (Failure of a Member State to fulfil obligations - Articles 8, 11(1) and 15(2) of Directive 92/50/EEC - Procedure for the award of public service contracts - Contract relating to waste disposal - Absence of call for tenders)
   (2006/C 10/05)
   Language of the case: German
   In Case C-29/04: Commission of the European Communities (Agent: K. Wiedner) v Republic of Austria (Agent: M. Fruhmann) — action under Article 226 EC for failure to fulfil obligations, brought on 28 January 2004 — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann (Rapporteur), J.N. Cunha Rodrigues, K. Lenaerts and M. Ilešič, Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 10 November 2005, in which it:
   
               1.
            
            
               Declares that, in that the contract for the disposal of the town of Mödling's waste was entered into without complying with the procedural and advertising rules laid down by Article 8, in conjunction with Articles 11(1) and 15(2) of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, the Republic of Austria has failed to fulfil its obligations under that directive;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 71 of 20.3.2004.