Judgment of the Court (Second Chamber) of 18 July 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-503/04) (1)

(Failure of a Member State to fulfil obligations - Judgment of the Court establishing the failure to fulfil obligations - Non-implementation - Article 228 EC - Measures necessary to comply with the judgment of the Court - Rescission of a contract)

(2007/C 211/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: B. Schima, acting as Agent)

Defendant: Federal Republic of Germany (represented by: W.-D. Plessing and C. Schulze-Bahr, Agents, and H.-J. Prieß, lawyer)

Interveners in support of the defendant: French Republic (represented by G. de Bergues and J.-C. Gracia, Agents), Kingdom of the Netherlands (represented by H.G. Sevenster and D.J.M. de Grave, Agents), Republic of Finland (represented by T. Pynnä, Agent)

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the Court's judgment of 10 April 2003 in Joined Cases C-20/01 and C-28/01 — 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) — Award of public service contracts by the City of Brunswick and the Municipality of Bockhorn without calls for tenders — Request that a periodic penalty payment be imposed

Operative part of the judgment

The Court:

(1)  OJ C 45, 19.2.2005.