19.12.2009

Official Journal of the European Union

C 312/2

(Case C-536/07)

(Failure of a Member State to fulfil obligations - Public works contracts - Directive 93/37/EEC - Contract between a public body and a private undertaking for the lease to the former of exhibition halls to be built by the latter - Private undertaking to be paid by means of a monthly rent for a period of 30 years)

2009/C 312/03

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: D. Kukovec and R. Sauer, acting as Agents)

Defendant: Federal Republic of Germany (represented by: M. Lumma and J. Möller, acting as Agents, and by H.-J. Prieß, Rechtsanwalt)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 7 in conjunction with Article 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54) — Failure to organise an open procedure for award of a contract before the conclusion of a contract between the City of Cologne and a private investment firm concerning the rent by the city, for a fixed period of 30 years in consideration for a total rent of more than EUR 600 million, of four exhibition halls to be constructed by that private firm in accordance with detailed contract documents

Operative part of the judgment

The Court:

1.Declares that the Federal Republic of Germany has failed to fulfil its obligations under Articles 7(4) and 11 of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts by reason of the fact that the City of Cologne concluded the contract of 6 August 2004 with Grundstücksgesellschaft Köln Messe 15 bis 18 GbR, now Grundstücksgesellschaft Köln Messe 8-11 GbR, without applying the procedure for the award of public contracts laid down by those provisions;

2.Orders the Federal Republic of Germany to pay the costs.

(<span class="super">1</span>) OJ C 51, 23.2.2008.