Judgment of the Court (Forth Chamber) of 21 January 2010 — European Commission v Federal Republic of Germany

(Case C-17/09) (1)

(Public service contracts - Bio-waste and green waste disposal service - Award without an open public tender procedure)

(2010/C 179/13)

Language of the case: German

Parties

Applicant: European Commission (represented by: B. Schima and C. Zadra, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and B. Klein, acting as Agents)

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 of the judgment

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.

---

(1)  OJ C 69 of 21.03.2009