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Germany waste treatment case closed

Wednesday November 11th, 2009

A German infringement case concerning the award of public waste treatment service contracts has been closed by the European Commission.

The contracts were awarded in various administrative districts and special purpose associations to other public entities in Rhineland-Palatinate between 2002 and 2008. They were valued at between €1.2m and €6m a year for the treatment or disposal of waste, but were found to be awarded without the execution of European-wide tender procedures.

The European Court of Justice rendered two judgments in November 2008 (C-324/07, Coditel Brabant) and September 2009 (C-573/07, SEA) confirming that public-public cooperation, within certain conditions, does not require the application of the public procurement procedures. The Commission believes that these cases of public-public cooperation in Rhineland-Palatinate fall within the scope of application of the ECJ case law and the case can thus be closed.

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