Judgment of the Court (Fifth Chamber) of 10 April 2003.
Commission of the European Communities v Federal Republic of Germany.
C-20/01 • 62001CJ0020 • ECLI:EU:C:2003:220
- Inbound citations: 89
- •
- Cited paragraphs: 0
- •
- Outbound citations: 2
«(Failure of a Member State to fulfil obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions)»
1.. Actions against Member States for failure to fulfil obligations – Commission's right to bring an action – Exercise of that right not dependent on a specific interest in bringing an action (Art. 226 EC)
2.. Approximation of laws – Procedures for the award of public service contracts – Directive 92/50 – Award of contracts – Negotiated procedure without prior publication of a contract notice – Conditions governing permissibility – Technical or artistic reasons, or reasons connected with the protection of exclusive rights – Meaning – Environmental protection – Whether included (Council Directive 92/50, Art. 11(3)(b))
JUDGMENT OF THE COURT (Fifth Chamber) 10 April 2003 (1)
((Failure by a Member State to fulfil its obligations – Admissibility – Legal interest in bringing proceedings – Directive 92/50/EEC – Procedures for the award of public service contracts – Negotiated procedure without prior publication of a contract notice – Conditions))
In Joined Cases C-20/01 and C-28/01,
applicant,
v
defendant, supported by
intervener,
APPLICATIONS for declarations that:
THE COURT (Fifth Chamber),,
composed of: W. Wathelet, President of the Chamber, D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur) and A. Rosas, Judges,
Advocate General: L.A. Geelhoed,
having regard to the Report for the Hearing, after hearing oral argument from the parties at the hearing on 10 October 2002,
after hearing the Opinion of the Advocate General at the sitting on 28 November 2002,
gives the following
.
Case C-20/01
Case C-28/01
Pleas in law and arguments of the parties
Findings of the Court
Pleas in law and arguments of the parties
Findings of the Court
Case C-20/01
Case C-28/01
On those grounds,
THE COURT (Fifth Chamber)
hereby:
Wathelet
Edward
La Pergola
Jann
Rosas
Delivered in open court in Luxembourg on 10 April 2003.
R. Grass
M. Wathelet
Registrar
President of the Fifth Chamber
Related cases
Select a keyword to display the most cited other cases
