Judgment_paragraph 49 · Criminal proceedings against Ernst Engelmann (C-64/08)

49With regard, thirdly, to the procedure for the grant of the concessions at issue in the main proceedings, it must first be recalled that although, as European Union law now stands, service concessions are not governed by any of the directives by which the European Union legislature has regulated public procurement, the public authorities which grant such concessions are none the less bound to comply with the fundamental rules of the Treaties, in particular Articles 43 EC and 49 EC, and with the consequent obligation of transparency (see, to that effect, Case C-324/98 Telaustria and Telefonadress [2000] ECR I-10745, paragraphs 60 and 61; Case C-231/03 Coname [2005] ECR I-7287, paragraphs 16 to 19; Case C-458/03 Parking Brixen [2005] ECR I-8585, paragraphs 46 to 48; Case C-91/08 Wall [2010] ECR I-2815, paragraph 33; and Case C-203/08 Sporting Exchange [2010] ECR I-4695, paragraph 39).