This document is an excerpt from the EUR-Lex website
Document 62016CN0187
Case C-187/16: Action brought on 4 April 2016 — European Commission v Austrian Republic
Case C-187/16: Action brought on 4 April 2016 — European Commission v Austrian Republic
Case C-187/16: Action brought on 4 April 2016 — European Commission v Austrian Republic
OJ C 191, 30.5.2016, p. 22–22
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
30.5.2016 |
EN |
Official Journal of the European Union |
C 191/22 |
Action brought on 4 April 2016 — European Commission v Austrian Republic
(Case C-187/16)
(2016/C 191/27)
Language of the case: German
Parties
Applicant: European Commission (represented by: A. Tokár, B.-R. Killmann, acting as Agents)
Defendant: Austrian Republic
Form of order sought
The applicant claims that the Court should:
1. |
Declare that the Austrian Republic:
has failed to fulfil its obligations under Articles 49 and 56 TFEU or under Article 4 read in conjunction with Articles 11 to 37 of Directive 92/50/EEC (1) and Articles 14, 20 and 23 to 55 of Directive 2004/18/EC. (2) |
2. |
Order the Austrian Republic to pay the costs. |
Pleas in law and main arguments
In support of the action, the applicant relies on the following arguments:
Österreichische Staatsdruckerei GmbH is a private undertaking.
Austrian law requires that the manufacture of all documents which entail secrecy or compliance with security rules to be awarded exclusively to the Österreichische Staatsdruckerei GmbH.
Austrian contracting authorities were therefore required to award public service contracts for the manufacture of chip passports, emergency passports, residence permits, identity cards, credit card-sized driving licences, credit card-sized vehicle licences and fireworks display permits directly to the Österreichische Staatsdruckerei GmbH.
Austrian contracting authorities had, however, the obligation to award the manufacture of the above documents to undertakings that were selected following award procedures which conformed to the requirements of Directive 92/50/EEC and Directive 2004/18/EC or with a sufficient degree of publicity pursuant to the TFEU.
In so far as Austrian contracting authorities awarded public service contracts for the manufacture of the above documents to the Österreichische Staatsdruckerei GmbH without carrying out award procedures and were, on the basis of national law, required to award public service contracts for the manufacture of those documents exclusively to the Österreichische Staatsdruckerei GmbH, Austria has failed to fulfil its obligations under EU law.
(1) Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1).
(2) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).