| | 32004L0017: u3-3.3Electricity activities    
| 32004L0017 - Utilities (3rd generation) | Article 3.3 | 3. As far as electricity is 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 electricity; or
(b) the supply of electricity to such networks. | | 31993L0038 - Utilities (2nd generation) | Article 2.2.a.ii | | (ii) electricity; or | | 31990L0531 - Utilities (1st generation) | Article 2.2.a.ii | | (ii) electricity, or |
| 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-16/98
France | 72-73
[56 + 71] | U2-2.2.a.ii | 72 At the hearing, the French Government expressed doubt as to whether street lighting works fall within the scope of the Directive [93/38] or Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199 p. 54). On that point, it contended that a street lighting network does not involve the production, supply, transport or distribution of electricity as required by Article 2(2)(a) of the Directive, but, rather, concerns its consumption.
73 Leaving aside the question whether such a plea should be considered, given the stage of the procedure at which it was raised, suffice it to note that, in the light of the findings in paragraphs 56 and 71 of this judgment, there is no need to consider whether street lighting works fall within the scope of the Directive.
[56 Accordingly, works on the electricity supply and street lighting networks cannot be considered to constitute lots of a single work artificially split contrary to Article 14(10), first subparagraph, and (13) of the Directive.
71 Accordingly, that complaint of the Commission must be rejected.] |
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