| | 32004L0017: u2-2.2.dTelecommunications    
| 31993L0038 - Utilities (2nd generation) | Article 2.2.d | | (d) the provision or operation of public telecommunications networks or the provision of one or more public telecommunications services. | | 31990L0531 - Utilities (1st generation) | Article 2.2.d | | (d) the provision or operation of public telecommunications networks or the provision of one or more public telecommunications services. |
| Case | Pte | Ref | Text | C-126/03
Germany | 21 | S2-1.a.ii
U2-2.2.a.i
U2-2.2.a.ii
U2-2.2.a.iii
U2-2.2.b
U2-2.2.c
U2-2.2.d
U2-7 | 21. The German Government also submits that, inasmuch as it was awarded for the purpose of resale to third parties, the contract at issue is excluded from the scope of Directive 92/50 by reason of Article 1(a)(ii) of that directive, read in conjunction with Article 7 of Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 199, p. 84). In that regard, as the Advocate General observes at point 34 of his Opinion, it must be held that Article 1(a)(ii) of Directive 92/50 excludes from its scope contracts awarded in the fields covered by Directive 93/38, because the Community legislature wished those contracts to be covered only by Directive 93/38. The exception laid down in Article 7 of Directive 93/38 would therefore apply only if the contract at issue fell within the scope of that directive. Inasmuch as that contract does not come within the activities referred to in Article 2(2) of Directive 93/38, the exception laid down in Article 7 of that directive cannot apply in the present case. | C-324/89
Telaustria | 37-40 | U2-2.2.d | 37 Furthermore, it is common ground that, under the Telekommunikationsgesetz under which it was founded, that public undertaking carries on the activity which consists in the provision of public telecommunications services. It follows that Telekom Austria constitutes a contracting entity for the purpose of Article 2(1)(a) of Directive 93/38 in conjunction with Article 2(2)(d) thereof.
38 Moreover, since it is also common ground that the aforementioned contract provides for the performance of services which are Telekom Austria's responsibility under the Telekommunikationsgesetz and consist in the provision of public telecommunications services, it is sufficient, in order to determine whether the contract at issue in the main proceedings comes within the material scope of Directive 93/38, to determine whether the specific object of that contract is covered by the provisions of Directive 93/38.
39 In this respect, it should be noted, as in the order for reference, that the services which are Herold's responsibility include:
- collecting, processing and arranging of subscriber data, in order to make them technically accessible, operations which require data gathering, data processing and tabulation, and services of data banks, which are in category 7, entitled Computer and related services, of Annex XVI A to Directive 93/38;
- production of printed telephone directories, which comes under category 15 of Annex XVI A to that directive, a category covering Publishing and printing services on a fee or contract basis;
- advertising services, which come under category 13 of Annex XVI A to Directive 93/38.
40 Since those services are directly linked to an activity relating to the provision of public telecommunications services, it must be concluded that the contract at issue in the main proceedings, whose specific object is the services referred to in the preceding paragraph, is covered by Directive 93/38. |
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