NORDIC PROCUREMENT ENFORCEMENT
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c3-35.1.1.a.1
c3-35.1.1.a.2
c3-35.1.1.b
c3-35.1.1.c
c3-35.1.2
c3-35.1.3
c3-35.1.4-6
u3-41.2
u3-41.3
c3-35.2
c3-35.3
u3-42.3.a-b
u3-42.3.c.s1
u3-42.3.c.s2
c3-35.4.1
c3-35.4.2-3
c3-35.4.4
c3-35.4.5
u3-43.3
u3-43.5
c3-36.1
u2-25.3.s3
c3-36.2.1
c3-36.2.2
c3-36.3.1
c3-36.3.2
c3-36.4.1
c3-36.4.2
c3-36.5
c3-36.6
c3-36.7
c3-36.8
c3-37

32004L0018: c3-35.4.5

Withheld

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 35.4.5
Certain information on the contract award or the conclusion of the framework agreement may be withheld from publication where release of such information would impede law enforcement or otherwise be contrary to the public interest, would harm the legitimate commercial interests of economic operators, public or private, or might prejudice fair competition between them.
32004L0017 - Utilities (3rd generation) Article 43.2
2. The information provided in accordance with Annex XVI and intended for publication shall be published in accordance with Annex XX. In this connection, the Commission shall respect any sensitive commercial aspects which the contracting entities may point out when forwarding this information, concerning the number of tenders received, the identity of economic operators, or prices.
32005R1564 - Second joint amendment of Classic and Utilities (3rd generation) Article 1=U43 + 2=C35
Article 1
    Contracting entities shall, from the date of entry into force of the respective national measures transposing Directive 2004/17/EC and from 1 February 2006 at the latest, use, for the publication in the Official Journal of the European Union of the notices referred to in Articles 41 to 44 and 63 of that Directive, the standard forms set out in Annexes IV to IX, XII and XIII to this Regulation.
Article 2
    Contracting authorities shall, from the date of entry into force of respective national measures transposing Directive 2004/18/EC and from 1 February 2006 at the latest, use, for the publication in the Official Journal of the European Union of the notices referred to in Articles 35, 36, 58, 64, 69 and 70 of that Directive, the standard forms set out in Annexes I, II, III and VIII to XIII to this Regulation.
31993L0037 - Works (2nd generation) Article 11.5.s2
However, certain information on the contract award may, in certain cases, not be published where release of such information would impede law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between contractors.
31993L0036 - Goods (2nd generation) Article 9.3.s2
However, certain information on the contract award may, in certain cases, not be published where release of such information would impede law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between suppliers.
31992L0050 - Services (2nd generation) Article 16.5
5. Where the release of information on the contract award would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of a particular enterprise, public or private, or might prejudice fair competition between service providers, such information need not be published.
31993L0038 - Utilities (2nd generation) Article 24.2
2. Information provided under Section I of Annex XV or under Annex XVIII shall be published in the Official Journal of the European Communities. In this connection the Commission shall respect any sensitive commercial aspects which the contracting entities may point out when forwarding this information in connection with points 6 and 9 of Annex XV.
31989L0440 - Fourth amendment of Works (1st generation) Article 1.12=W1-12.5.s2
However, certain information on contract award may, in certain cases, not be published where release of such information would impede law enforcement or otherwise be contrary to the public interest, would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between contractors.
31988L0295 - Second amendment of Goods (1st generation) Article 9.3.s2=G1-9.3.s2
However, certain information on the contract award may not be published, in given cases, where release of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private, or might prejudice fair competition between suppliers.
31990L0531 - Utilities (1st generation) Article 18.2
2. Information provided under Section I of Annex XV shall be published in the Official Journal of the European Communities. In this connection the Commission shall respect any sensitive commercial aspects the contracting entities may point out when forwarding this information in connection with points 6 and 9 of Annex XV.

EU Cases

Case PteRefText
C-16/98
France		87-91U2-24.1
U2-24.2		87 The Commission complains that the French authorities failed to notify it of the outcome of the tendering procedure for the electrification contracts, including those for which a contract notice was published in the OJEC, which prevented the publication in the OJEC of notices of the award of those contracts, in breach of the obligations deriving from Article 24 of the Directive.
    88 The French Government admits the failure to fulfil its obligations complained of as regards the six contracts for which a notice was published in the OJEC. As regards the other contracts, it reiterates its argument that, in the absence of technical or geographical splitting, the Directive was not applicable to those contracts.
    89 It must be observed that Article 24(1) of the Directive requires contracting entities which have awarded a contract to communicate to the Commission the results of the awarding procedure by means of a notice. Article 24(2) sets out the information to be published in the OJEC.
    90 In the present case it is common ground that the French authorities did not communicate to the Commission the results of the 18 tendering procedures for the electrification contracts to which the Directive was applicable. 91 Accordingly, it must be held that the French Republic failed to fulfil its obligations under Article 24(1) and (2) of the Directive.