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32004L0017: u3-3.1

Gas and heat activities

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0017 - Utilities (3rd generation) Article 3.1
Section 2
    Activities
Article 3
    Gas, heat and electricity
    1. As far as gas and heat are concerned, this Directive shall apply to the following activities:
    (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; or
    (b) the supply of gas or heat to such networks.
31993L0038 - Utilities (2nd generation) Article 2.2.a.iii
(iii) gas or heat;
or the supply of drinking water, electricity, gas or heat to such networks;
31990L0531 - Utilities (1st generation) Article 2.2.iii
(iii) gas or heat,
or the supply of drinking water, electricity, gas or heat to such networks;

EU Cases

Case PteRefText
C-126/03
Germany		21S2-1.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.