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Case C-537/19: Judgment of the Court (Fifth Chamber) of 22 April 2021 — European Commission v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2004/18/EC — Public works contracts — Contract between a public body and a private undertaking for the lease of building not yet constructed — Article 1 — Realisation of a work corresponding to requirements specified by the tenant — Article 16 — Precluded)

ECLI:EU:UNKNOWN:62019CA0537

62019CA0537

April 22, 2021
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14.6.2021

Official Journal of the European Union

C 228/4

(Case C-537/19) (<span class="oj-super oj-note-tag">1</span>)

(Failure of a Member State to fulfil obligations - Directive 2004/18/EC - Public works contracts - Contract between a public body and a private undertaking for the lease of building not yet constructed - Article 1 - Realisation of a work corresponding to requirements specified by the tenant - Article 16 - Precluded)

(2021/C 228/05)

Language of the case: German

Parties

Applicant: European Commission (represented by: L. Haasbeek, M. Noll-Ehlers and P. Ondrůšek, acting as Agents)

Defendant: Republic of Austria (represented: initially by M. Fruhmann, and subsequently by J. Schmoll, acting as Agents)

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the European Commission to pay the costs.

(<span class="oj-super">1</span>) OJ C 295, 2.9.2019.

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