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Document 62019CN0537

Case C-537/19: Action brought on 12 July 2019 — European Commission v Republic of Austria

OJ C 295, 2.9.2019, p. 12–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)



Official Journal of the European Union

C 295/12

Action brought on 12 July 2019 — European Commission v Republic of Austria

(Case C-537/19)

(2019/C 295/16)

Language of the case: German


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

Defendant: Republic of Austria

Form of order sought

The applicant claims that the Court should:

declare that, in so far as Stadt Wien-Wiener Wohnen directly awarded the contract of 25 February 2012 in respect of the office building on Guglstrasse 2-4 in Vienna without any competitive tendering procedure and corresponding contract notice, the Republic of Austria has failed to fulfil its obligations under Articles 2, 28 and 35(2) of Directive 2004/18/EC; (1)

order the Republic of Austria to pay the costs of the proceedings.

Pleas in law and main arguments

The Commission claims that in 2012 the City of Vienna, as a public contracting authority, concluded with a private contractor a long-term lease in respect of an office building before it was constructed. The City of Vienna thereby exercised decisive influence over the planning of the works which far exceeds the usual requirements of a lessee in relation to newly constructed premises.

That lease constitutes a public works contract, as is clear from the relevant case-law of the Court of Justice on the leasing of unfinished building projects by contracting authorities. Since there was no competitive tendering procedure, the award infringes Articles 2, 28 and 35(2) of Directive 2004/18. That infringement persists so long as the lease, which cannot properly be terminated before 2040, continues to exist.

(1)  Directive 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).