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C 146/6 EN Official Journal of the European Union 21.6.

2003

JUDGMENT OF THE COURT 1. Declares that since the Municipality of Bockhorn (Germany)
failed to invite tenders for the award of the contract for the
collection of its waste water and failed to publish notice of the
(Fifth Chamber) results of the procedure for the award of the contract in the
Supplement to the Official Journal of the European Communi-
of 10 April 2003 ties, the Federal Republic of Germany, at the time of the award
of that public service contract, failed to fulfil its obligations
under Article 8 in conjunction with Article 15(2) and
In Joined Cases C-20/01 and C-28/01: Commission of the Article 16(1) of Council Directive 92/50/EEC of 18 June
European Communities v Federal Republic of Germany (1) 1992 relating to the coordination of procedures for the award
of public service contracts;
(Failure by a Member State to fulfil its obligations —
Admissibility — Legal interest in bringing proceedings — 2. Declares that since the City of Braunschweig (Germany)
Directive 92/50/EEC — Procedures for the award of public awarded a contract for waste disposal by negotiated procedure
service contracts — Negotiated procedure without prior without prior publication of a contract notice, although the
publication of a contract notice — Conditions) criteria laid down in Article 11(3) of Directive 92/50 for an
award by privately negotiated procedure without a Community-
wide invitation to tender had not been met, the Federal Republic
(2003/C 146/09) of Germany, at the time of the award of that public service
contract, failed to fulfil its obligations under Article 8 and
(Language of the case: German) Article 11(3)(b) of that directive;

3. Orders the Federal Republic of Germany to pay the costs;


(Provisional translation; the definitive translation will be published
in the European Court Reports) 4. Orders the United Kingdom of Great Britain and Northern
Ireland to bear its own costs.

(1 ) OJ C 61 of 24.2.2001.
In Joined Cases C-20/01 and C-28/01, Commission of the
European Communities (Agent: J. Schieferer) v Federal Repub-
lic of Germany (Agent: W.-D. Plessing, assisted by H.-J. Prieß)
supported by United Kingdom of Great Britain and Northern
Ireland (Agent: R. Magrill, assisted by R. Williams, barrister):
Applications for declarations that:
JUDGMENT OF THE COURT
— by failing to invite tenders for the award of the contract
for the collection of waste water in the Municipality of
Bockhorn (Germany) and to publish notice of the results of 6 May 2003
of the procedure for the award of the contract in the
Supplement to the Official Journal of the European in Case C-104/01 (Reference for a preliminary ruling from
Communities, the Federal Republic of Germany, at the the Hoge Raad der Nederlanden): Libertel Groep BV v
time of the award of that public service contract, failed to Benelux-Merkenbureau, (1)
fulfil its obligations under Article 8 in conjunction with
Article 15(2) and Article 16(1) of Council Directive 92/
50/EEC of 18 June 1992 relating to the coordination of (Trade marks — Approximation of laws — Directive 89/
procedures for the award of public service contracts (OJ 104/EEC — Signs capable of constituting a trade mark—
1992 L 209, p. 1); Distinctive character — Colour per se — Orange)

— at the time of the award of a public service contract, the (2003/C 146/10)
Federal Republic of Germany failed to fulfil its obligations
under Article 8 and Article 11(3)(b) of Directive 92/50 (Language of the case: Dutch)
by virtue of the fact that the City of Braunschweig
(Germany) awarded a contract for waste disposal by
(Provisional translation; the definitive translation will be published
negotiated procedure without prior publication of a
in the European Court Reports)
contract notice, although the criteria laid down by
Article 11(3) for an award of a contract by privately
negotiated procedure without a Community-wide invi-
tation to tender had not been met, In Case C-104/01: Reference to the Court under Article 234
EC by the Hoge Raad der Nederlanden (Netherlands) for a
the Court (Fifth Chamber), composed of: M. Wathelet, Presi- preliminary ruling in the proceedings pending before that
dent of the Chamber, D. A. O. Edward, A. La Pergola, P. Jann court between Libertel Groep BV and Benelux-Merkenbureau,
(Rapporteur) and A. Rosas, Judges; L. A. Geelhoed, Advocate on the interpretation of Article 3 of First Council Directive 89/
General; M.-F. Contet, Administrator, for the Registrar, has 104/EEC of 21 December 1988 to approximate the laws of
given a judgment on 10 April 2003, in which it: the Member States relating to trade marks (OJ 1989 L 40,