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Case C-429/19: Judgment of the Court (Ninth Chamber) of 4 June 2020 (request for a preliminary ruling from the Oberlandesgericht Koblenz — Germany) — Remondis GmbH v Abfallzweckverband Rhein-Mosel-Eifel (Reference for a preliminary ruling — Public procurement — Directive 2014/24/EU — Article 12(4) — Scope — Public contracts between entities within the public sector — Definition of ‘cooperation’ — None)
ECLI:EU:UNKNOWN:62019CA0429
62019CA0429
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Valentina R., lawyer
10.8.2020
Official Journal of the European Union
C 262/8
(Case C-429/19) (*)
(Reference for a preliminary ruling - Public procurement - Directive 2014/24/EU - Article 12(4) - Scope - Public contracts between entities within the public sector - Definition of ‘cooperation’ - None)
(2020/C 262/11)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Remondis GmbH
Defendant: Abfallzweckverband Rhein-Mosel-Eifel
Operative part of the judgment
Article 12(4)(a) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC must be interpreted as meaning that cooperation between contracting authorities cannot be said to exist where a contracting authority which is responsible for a task in the public interest within its territory does not itself perform the entirety of that task — which is incumbent on it alone under national law and for the performance of which a number of operations are required — but rather commissions another contracting authority that is independent of it and is likewise responsible for that public interest task within its own territory to carry out one of the operations required in return for consideration.
(*) Language of the case: German.