The German organisation responsible for flight traffic control (DFS) directly awarded a contract for flight measure services to a company in which it holds a 55% shareholding. The European Commission (Commission), on 16 October 2008, sent Germany a reasoned opinion, indicating that in its view this contract was governed by the procurement rules and should have been the subject of an open advertised tender. So far, the Commission has rejected various arguments put forward by the German government for why the contract fell outside the scope of the rules. In particular, it rejected the notion that the contract could be regarded as an "in house" contract since the DFS did not exercise control over the contractor in the manner it would over one of its own departments in accordance with the European Court of Justice's ruling in the Teckal case, nor did it consider the contract to involve services connected with the national security interests.