| | 32004L0017: u3-5.1Apply to activities    
| 32004L0017 - Utilities (3rd generation) | Article 5.1 | Article 5
Transport services
1. This Directive shall apply to activities relating to the provision or operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable.
As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service. | | 31993L0038 - Utilities (2nd generation) | Article 2.2.c | (c) the operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable.
As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service; | | 31990L0531 - Utilities (1st generation) | Article 2.2.c | (c) the operation of networks providing a service to the public in the field of transport by railway, automated systems, tramway, trolley bus, bus or cable.
As regards transport services, a network shall be considered to exist where the service is provided under operating conditions laid down by a competent authority of a Member State, such as conditions on the routes to be served, the capacity to be made available or the frequency of the service; |
| 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. |
| Case | Pte | Ref | Text | N-981110
Dansk Taxi Forbund | 1+K1-2 | S2-1.a.ii
U2-2.2.c-impl
U2-6.1+3
KNL1C1-5.1.s1.p3-impl | 1. Efter karakteren af den ydelse, indklagede udbød, samt den måde, hvorpå de efter individuelt indgåede kontakter forventedes opfyldt, finder Klagenævnet, at udbudet burde være sket efter reglerne i Tjenesteydelsesdirektivet. Klagenævnet finder dog ikke grundlag for at tilsidesætte det skete udbud.
K1. Det af indklagede, Århus Amt foretagne udbud af handicapkørsel burde være sket efter udbudsreglerne i Tjenesteydelsesdirektivet.
K2. Det af indklagede foretagne udbud ophæves ikke.
[Sagsfremstillingen: Ved udbudsbekendtgørelse afsendt til EU–Tidende den 5. december 1997 udbød blandt andre indklagede (Århus Amt) som offentligt udbud efter reglerne i Forsyningsvirksomhedsdirektivet handicapkørslen i Århus Amt.]
[Note that KNL refers only to the type of service procured and not to the field of activity of the procuring authority] |
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