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Case C-275/08: Judgment of the Court (Fourth Chamber) of 15 October 2009 — Commission of the European Communities v Federal Republic of Germany (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)
ECLI:EU:UNKNOWN:62008CA0275
62008CA0275
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Official Journal of the European Union
C 297/13
(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)
2009/C 297/13
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: G. Wilms and D. Kukovec, Agents)
Defendant: Federal Republic of Germany (represented by: M. Lumma and N. Graf Vitzthum, Agents)
Re:
Failure of a Member State to fulfil obligations — Breach 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 of the judgment
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.
(<span class="super">1</span>) OJ C 223, 30.08.2008.