NORDIC PROCUREMENT ENFORCEMENT
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32004L0017: u3-7

Exploration for, or extraction of, oil, gas, coal or other solid fuels, as well as ports and airports

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0017 - Utilities (3rd generation) Article 7
Article 7
    Exploration for, or extraction of, oil, gas, coal or other solid fuels, as well as ports and airports
    This Directive shall apply to activities relating to the exploitation of a geographical area for the purpose of:
    (a) exploring for or extracting oil, gas, coal or other solid fuels, or
    (b) the provision of airports and maritime or inland ports or other terminal facilities to carriers by air, sea or inland waterway.
31993L0038 - Utilities (2nd generation) Article 2.2.b
(b) the exploitation of a geographical area for the purpose of:
    (i) exploring for or extracting oil, gas, coal or other solid fuels, or
    (ii) the provision of airport, maritime or inland port or other terminal facilities to carriers by air, sea or inland waterway;
31990L0531 - Utilities (1st generation) Article 2.2.b
(b) the exploitation of a geographical area for the purpose of:
(i) exploring for or extracting oil, gas, coal or other solid fuels, or
(ii) the provision of airport, maritime or inland port or other terminal facilities to carriers by air, sea or inland waterway;

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.