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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Germany (Law relating to undertakings) [2004] EUECJ C-126/03 (18 November 2004) URL: https://www.bailii.org/eu/cases/EUECJ/2004/C12603.html Cite as: [2004] ECR I-11197, [2004] EUECJ C-126/03, [2004] EUECJ C-126/3 |
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JUDGMENT OF THE COURT (First Chamber)
18 November 2004 (1)
(Failure of a Member State to fulfil its obligations - Directive 92/50/EEC - Public contracts - Waste transport services - Procedure without prior publication of a contract notice - Contract concluded by a contracting authority in relation to an economic activity subject to competition - Contract concluded by a contracting authority in order to be able to submit an offer in a tender procedure - Proof of the service provider's capabilities - Possibility of relying on the capabilities of a third party - Subcontracting - Consequences of a judgment finding a failure to fulfil an obligation)
In Case C-126/03,ACTION under Article 226 EC for failure to fulfil obligations, brought on 20 March 2003, Commission of the European Communities, represented by K. Wiedner, acting as Agent, with an address for service in Luxembourg,applicant,
v
Federal Republic of Germany, represented by W.-D. Plessing, acting as Agent, and by H.-J. Prieß, Rechtsanwalt,defendant,
THE COURT (First Chamber),
after hearing the Opinion of the Advocate General at the sitting on 24 June 2004,
gives the following
The consequences of a judgment finding a failure to fulfil obligations
1 - Language of the case: German.