Case C-386/11

Piepenbrock Dienstleistungen GmbH & Co. KG

v

Kreis Düren

(Request for a preliminary ruling from the Oberlandesgericht Düsseldorf)

‛Public contracts — Directive 2004/18/EC — Definition of ‘public contract’ — Article 1(2)(a) — Contract concluded between two local authorities — Transfer by one entity of the responsibility for cleaning certain of its buildings to another entity in return for financial compensation’

Summary — Judgment of the Court (Fifth Chamber), 13 June 2013

1. Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Public service contracts — Meaning — Contract for pecuniary interest — Inclusion — Conditions

   (Directive 2004/18 of the European Parliament and of the Council, Art. 1(2) and Annexe IIA)

2. Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Public service contracts — Meaning — Contract concluded between two public entities providing for a transfer by one entity of the responsibility for cleaning certain of its buildings to the other entity in return for financial compensation and authorising the latter to avail of the services of third parties for the accomplishment of that task — Inclusion

   (Directive 2004/18 of the European Parliament and of the Council, Art. 1(2)(d))

1.  See the text of the decision.

   (see paras 28-31)

2.  A contract whereby, without establishing cooperation between the contracting public entities with a view to carrying out a public service task that both of them have to perform, one public entity assigns to another the task of cleaning certain office, administrative and school buildings, while reserving the power to supervise the proper execution of that task, in return for financial compensation intended to correspond to the costs incurred in the performance of the task, the second entity being, moreover, authorised to avail of the services of third parties which might be capable of competing on the market for the accomplishment of that task, constitutes a public service contract within the meaning of Article 1(2)(d) of Directive 2004/18 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts.

   (see para. 41, operative part)