(7 September 2009) In an important judgment Commission v Germany C-480/06 of 09 June 2009 the European Court of Justice confirmed once again that the inter-municipal cooperation does not fall under the application of EU rules on public procurement.
The Court reminded its findings from Coditel Brabant case that a public authority has the right to perform the public interest tasks using its own resources and without tendering and that it may do so in cooperation with other public authorities. The decisive element of the judgment was the accomplishment of the public service mission which the contract was concluded to ensure and that formed the basis for a favourable Court decision.
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