Commissie verwijst Duitsland naar Hof van Justitie over verlening contract zonder aanbestedingsprocedure (en)
The European Commission has decided to refer Germany to the European Court of Justice over a public service contract for the disposal of biodegradable and green wastes that the municipality of Bonn had awarded to a private waste disposal undertaking without a competitive tender procedure.
Under a combined waste disposal arrangement concluded in 1997 and running until 2016, the municipality has to dispose household waste furnished by the private partner in its incineration plant, while the private partner undertakes in turn to treat bio-waste furnished by the municipality in its composting plants. In the Commission's view, with respect to bio-waste, the municipality is acting as a contracting authority buying services from operators in the market. Under Internal Market rules, it is thus obliged to apply transparent and competitive tendering procedures, opening up the market to competition and ensuring that it obtains the best value for its citizens’ money.
The Commission started infringement proceedings following a complaint by a private waste disposal undertaking which claimed that it could dispose the bio-waste in much more competitive conditions. Since it was not possible to achieve a negotiated solution involving early termination of the contract, the Commission has decided to refer the matter to the European Court of Justice.
The latest information on infringement proceedings concerning all Member States can be found at: