Judgment of the Court (Fourth Chamber) of 15 October 2009.#Commission of the European Communities v Federal Republic of Germany.#Failure of a Member State to fulfil obligations - Directive 93/36/EEC - Public supply contracts - Supply of software designed for motor vehicle registration - Negotiated procedure without prior publication of a contract notice.#Case C-275/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 6, in conjunction with Article 9, of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts (OJ 1993 L 199, p. 1) – Contract for the supply of a software application designed for motor vehicle registration concluded without contracting procedures between two bodies governed by public law responsible for data-processing on behalf of local authorities.

Operative part

Operative part

The Court:

1. Declares that, by reason of the fact that the Datenzentrale Baden-Württemberg (Central Data Office of Baden-Württemberg) awarded a contract for the supply of software designed for motor vehicle registration by a negotiated procedure without publication of a contract notice, the Federal Republic of Germany has failed to fulfil its obligations under Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts;

2. Orders the Federal Republic of Germany to pay the costs.