4.12.2004   

EN

Official Journal of the European Union

C 300/12


JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-340/02: Commission of the European Communities v French Republic (1)

(Failure of a Member State to fulfil obligations - Directive 92/50/EEC - Procedure for the award of public service contracts - Assistance to the maître d'ouvrage for a sewage treatment plant - Award to the successful candidate in an earlier design contest without prior publication of a contract notice in the OJEC)

(2004/C 300/24)

Language of the case: French

In Case C-340/02: action under Article 226 EC for failure to fulfil obligations, brought on 24 September 2002, between Commission of the European Communities (Agent: M. Nolin) and French Republic (Agents: G. de Bergues, S. Pailler and D. Petrausch) — the Court (First Chamber), composed of: P. Jann, President of the Chamber, S. von Bahr and K. Schiemann (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, has given a judgment on 14 October 2004, in which it:

1.

Declares that, by virtue of the award by the Communauté urbaine du Mans of a study contract for assistance to the maître d'ouvrage in respect of the Chauvinière sewage treatment plant, without publication of a contract notice in the Official Journal of the European Communities, the French Republic has failed to fulfil its obligations under Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts, and in particular Article 15(2) thereof;

2.

Orders the French Republic to pay the costs.


(1)   OJ C 289 of 23.11.2002.