Judgment of the General Court of 20 May 2010 - Germany v Commission
(Provisions applicable to public procurement - Contract awards not subject, or not subject in full, to the Public Procurement Directives - Interpretative communication of the Commission - Actionable measure - Measure intended to produce legal effects)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented by: M. Lumma and C. Schulze-Bahr, Agents)
Defendant: European Commission (represented by: X. Lewis and B. Schima, Agents)
Interveners in support of the applicant: French Republic (represented initially by: G. de Bergues, subsequently by G. de Bergues and J.-C. Gracia, and finally by G. de Bergues and J.-S. Pilczer, Agents); Republic of Austria (represented by: M. Fruhmann, C. Pesendorfer and C. Mayr, Agents); Republic of Poland (represented initially by E. Ośniecka-Tamecka, subsequently by T. Nowakowski, subsequently by M. Dowgielewicz, subsequently by M. Dowgielewicz, K. Rokicka and K. Zawisza, and finally by M. Szpunar, Agents); Kingdom of the Netherlands (represented initially by: H. Sevenster, subsequently by C. Wissels and M. de Grave, and finally by C. Wissels, M. de Grave and Y. de Vries, Agents); European Parliament (represented by U. Rösslein and J. Rodrigues, Agents); Hellenic Republic (represented by: D. Tsagkaraki and M. Tassopoulou, Agents); United Kingdom of Great Britain and Northern Ireland (represented initially by: Z. Bryanston-Cross, and subsequently by L. Seeboruth, Agents)
Re:
Action for the annulment of the Commission Interpretative Communication on the Community law applicable to contract awards not or not fully subject to the provisions of the Public Procurement Directives (OJ 2006 C 179, p. 2).
Operative part of the judgment
The Court:
Dismisses the action as inadmissible;
Orders the Federal Republic of Germany to bear its own costs and to pay those incurred by the European Commission;
Orders the French Republic, the Republic of Austria, the Republic of Poland, the Kingdom of the Netherlands, the European Parliament, the Hellenic Republic and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.
____________1 - OJ C 294, 2.12.2006.