| | 32004L0018: c3-15.cProcedure of an international organisation    
| 32004L0018 - Classic (3rd generation) | Article 15.c | | (c) pursuant to the particular procedure of an international organisation. | | 32004L0017 - Utilities (3rd generation) | Article 22.c | | (c) pursuant to the particular procedure of an international organisation. | | 31993L0037 - Works (2nd generation) | Article 5.c | | (c) pursuant to the particular procedure of an international organization. | | 31993L0036 - Goods (2nd generation) | Article 4.c | | (c) pursuant to the particular procedure of an international organization. | | 31992L0050 - Services (2nd generation) | Article 5.c | | (c) pursuant to the particular procedure of an international organization. | | 31993L0038 - Utilities (2nd generation) | Article 12.3 | | 3. pursuant to the particular procedure of an international organization. | | 31971L0305 - Works (1st generation) | Article 4.i3 | | - in accordance with the particular procedure of an international organisation. | | 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.5=W-4.c | | (c) pursuant to the particular procedure of an international organization. | | 31977L0062 - Goods (1st generation) | Article 3.c | | (c) pursuant to the particular procedure of an international organization. | | 31990L0531 - Utilities (1st generation) | Article 11.3 | | 3. pursuant to the particular procedure of an international organization. |
| Case | Pte | Ref | Text | C-328/92
Spain | 12-14 | G1-2.2
G1-3.a
G1-3.b
G1-3.c | It is sufficient to point out that, in paragraph 10 of its judgment in Case C-71/92 Commission v Spain [1993] ECR I-5923, the Court observed that the only permissible exceptions to the application of Directive 77/62 are those which are expressly and exhaustively mentioned in it.
However, Article 2(2) and Article 3 of Directive 77/62, which list the public supply contracts to which that directive does not apply, do not refer to contracts relating to pharmaceutical products and specialities. Moreover, as the Court held in that same judgment (paragraph 11), none of the exceptions authorized by the directive is defined by reference to the type of product in question or the legal rules applicable to it. | C-71/92
Spain | 10-11
22 | G1-2.2
G1-3.a
G1-3.b
G1-3.c
W1-3.4-5
W1-4.i1
W1-4.i2
W1-4.i3 | It is apparent from the ninth recital in the preamble to Directive 77/62 that: "... provision must be made for exceptional cases where measures concerning the coordination of procedures may not necessarily be applied, but such cases must be expressly limited". It follows that the only permitted exceptions to the application of Directive 77/62 are those which are exhaustively and expressly mentioned therein.
Articles 2(2) and 3 of Directive 77/62, which list the public supply contracts to which it does not apply, do not include those relating to the products referred to in Article 2, point 3, of the LCE and Article 2, point 3, of the RGCE. Moreover, as the Commission has correctly emphasized, none of the exceptions authorized by the directive is defined by reference to the type of, or the legal arrangements relating to, the product concerned, in contrast to the contested provisions of the Spanish legislation.
In the first place, as the Court has stated in paragraph 10 of this judgment, the only permitted exceptions to the application of Directive 77/62 are those exhaustively and expressly mentioned therein. That applies equally to Directive 71/305, the seventh recital in the preamble to which is identical to the ninth recital, previously quoted, in the preamble to Directive 77/62. |
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