In 1997, the City Council of Bonn and MVA (a company owned by the Council) awarded a contract for organic waste disposal to a private company without carrying out a competitive tender as required by procurement law. Over a decade later, on 21 January 2010, the European Court of Justice (ECJ) ruled that Germany had infringed the law. The ECJ dismissed Germany’s claims that the action was time-barred, reiterating that procurement law requires effective remedies. Germany acknowledged the breach and indicated that it was negotiating a solution with the parties concerned to invalidate the contract. However, this did not sway the ECJ from a finding of breach.
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Bonn's failure to advertise a refuse disposal contract is not time-barred says ECJ
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