| 32004L0018 - Classic (3rd generation) | Article 36.5 |
5. Notices and their contents may not be published at national level before the date on which they are sent to the Commission.
Notices published at national level shall not contain information other than that contained in the notices dispatched to the Commission or published on a buyer profile in accordance with the first subparagraph of Article 35(1), but shall mention the date of dispatch of the notice to the Commission or its publication on the buyer profile.
Prior information notices may not be published on a buyer profile before the dispatch to the Commission of the notice of their publication in that form; they shall mention the date of that dispatch. |
| 32004L0017 - Utilities (3rd generation) | Article 44.5 |
5. Notices and their contents may not be published at national level before the date on which they are sent to the Commission.
Notices published at national level shall not contain information other than that contained in the notices dispatched to the Commission or published on a buyer profile in accordance with the first subparagraph of Article 41(1), but shall mention the date of dispatch of the notice to the Commission or its publication on the buyer profile.
Periodic indicative notices may not be published on a buyer profile before the dispatch to the Commission of the notice of their publication in that form; they shall mention the date of that dispatch. |
| 31993L0037 - Works (2nd generation) | Article 11.11 |
| 11. The notice shall not be published in the official journals or in the press of the country of the contracting authority before the date of dispatch to the Official Journal of the European Communities and it shall mention this date. It shall not contain information other than that published in the Official Journal of the European Communities. |
| 31993L0036 - Goods (2nd generation) | Article 9.9 |
| 9. The notices shall not be published in the Official Journals or in the press of the country of the contracting authority before the date of dispatch to the Office for Official Publications of the European Communities; they shall mention that date. They shall not contain information other than that published in the Official Journal of the European Communities. |
| 31992L0050 - Services (2nd generation) | Article 17.6 |
| 6. The notices shall not be published in the official journals or in the press of the country of the contracting authority before the date of dispatch to the Office for Official Publications of the European Communities; they shall mention that date. They shall not contain information other than that published in the Official Journal of the European Communities. |
| 31993L0038 - Utilities (2nd generation) | Article 25.5 |
| 5. Contracts or design contests in respect of which a notice is published in the Official Journal of the European Communities pursuant to Article 21 (1) or (4) shall not be published in any other way before that notice has been dispatched to the Office for Official Publications of the European Communities. Such publication shall not contain information other than that published in the Official Journal of the European Communities. |
| 31971L0305 - Works (1st generation) | Article 12.5 |
| The notice shall not be published in the official journals or in the specialist press of the country of the authorities awarding contracts before the date of its dispatch, and it shall mention this date. It shall not contain information other than that published in the official journal of the European Communities. |
| 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.12=W1-12.11 |
| 11. The notice shall not be published in the official journals or in the press of the country of the contracting authority before the abovementioned date of dispatch, and it shall mention this date. It shall not contain information other than that published in the Official Journal of the European Communities. |
| 31977L0062 - Goods (1st generation) | Article 9.5 |
| 5. The notice shall not be published in the Official Journals or in the press of the country of the contracting authorities before the date of its dispatch, and it shall mention this date. It shall not contain information other than that published in the Official Journal of the European Communities. |
| 31988L0295 - Second amendment of Goods (1st generation) | Article 9.7=G1-9.7 |
| 7. The notice shall not be published in the Official Journals or the press of the country of the contracting authority before the date of its dispatch and it shall mention the latter date. This publication shall not contain information other than that published in the Official Journal of the European Communities. |
| 31990L0531 - Utilities (1st generation) | Article 19.5 |
| 5. Contracts in respect of which a notice is published in the Official Journal of the European Communities pursuant to Article 16 (1) shall not be published in any other way before that notice has been dispatched to the Office for Official Publications of the European Communities. Such publication shall not contain information other than that published in the Official Journal of the European Communities. |
| Case | Pte | Ref | Text |
C-16/98
France | 87-91 | U2-25.1
U2-25.5 | 92 The Commission submits that the failure of the French Republic to fulfil its obligations under Articles 21 and 24 of the Directive also entails a failure to fulfil its obligations under Article 25 thereof, concerning the dispatch and publication of the notices.
93 It must be observed that, under Article 25(1) of the Directive, the contracting entities must be able to supply proof of the date of dispatch of the notices referred to in Articles 20 to 24. Article 25(5) provides that contracts in respect of which a notice is published in the OJEC are not to be published before that notice has been dispatched to the Office for Official Publications of the European Communities.
94 Given its general wording, the Commission's complaint seems to concern both the cases involving contracts for electrification where no notice of contract or of the award of the contract could have been dispatched to or published in the OJEC and the cases in which a contract notice, albeit incomplete, was published in it.
95 The Court must, therefore, distinguish between the two types of cases in order to assess the complaint raised by the Commission.
96 First, as regards the electrification contracts for which no contract notice or notice of award was sent for publication in the OJEC, although the Directive was applicable to them, there can be no failure to fulfil obligations under Article 25(1) of the Directive precisely because nothing was sent, since that paragraph is only applicable where a notice was actually sent.
97 However, since in all the cases notices were published in the BOAMP, it must be held that there was a failure to fulfil obligations under Article 25(5) of the Directive.
98 Second, as regards the cases of electrification contracts where a contract notice was published in the OJEC, even if the Commission's complaint did concern them, it must be observed, in the light of the documents produced to the Court, that those notices gave the date of their dispatch, which is not disputed by the Commission, and were dispatched for publication in the BOAMP on the same day.
99 In those circumstances, it cannot be held that there was a failure to fulfil obligations under Article 25(1) and (5). |
