Judgment of the Court (Fourth Chamber) of 15 October 2009.

Data

Court: Court of Justice

Case date: 15 oktober 2009

Uitspraak

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.