Judgment of the Court (Fourth Chamber) of 21 January 2010 – Commission v Germany
(Case C‑17/09)
Public service contracts – Bio-waste and green waste disposal service – Award without an open public tender procedure
1.Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Failure to fulfil obligations (Council Directive 92/50) (see paras 15-18)
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 22-23)
Re:
| Failure of a Member State to fulfil obligations – Infringement of Article 8 in conjunction with Titles III to VI of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) – Failure to organise a formal European award procedure before the conclusion of a contract for bio-waste and green waste disposal services between the city of Bonn and a private company. |
Operative part
The Court:
1. |
| Declares that the Federal Republic of Germany has failed to fulfil its obligations under Article 8 and Titles III to VI of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, on the grounds that the municipality of Bonn and the Müllverwertungsanlage Bonn GmbH awarded a public service contract on the disposal of bio-waste and green waste without carrying out a procedure for the award of public works including Europe-wide tendering; |
2. |
| Orders the Federal Republic of Germany to pay the costs. |