| 32004L0018 - Classic (3rd generation) | Article 36.7 |
| 7. Contracting authorities must be able to supply proof of the dates on which notices are dispatched. |
| 32004L0017 - Utilities (3rd generation) | Article 44.6 |
| 6. Contracting entities shall ensure that they are able to supply proof of the dates on which notices are dispatched. |
| 31993L0037 - Works (2nd generation) | Article 11.12 |
| 12. The contracting authorities must be able to supply evidence of the date of dispatch. |
| 31993L0036 - Goods (2nd generation) | Article 9.10 |
| 10. The contracting authorities must be able to supply proof of the date of dispatch. |
| 31992L0050 - Services (2nd generation) | Article 17.7 |
| 7. The contracting authorities must be able to supply proof of the date of dispatch. |
| 31993L0038 - Utilities (2nd generation) | Article 25.1 |
Article 25
1. The contracting entities must be able to supply proof of the date of dispatch of the notices referred to in Articles 20 to 24. |
| 31971L0305 - Works (1st generation) | Article 12.6 |
| The authorities awarding contracts must be able to supply evidence of the date of dispatch. |
| 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.12=W1-12.12 |
| 12. The contracting authorities must be able to supply proof of the date of dispatch. |
| 31977L0062 - Goods (1st generation) | Article 9.6 |
| 6. The contracting authorities must be able to supply evidence of the date of dispatch. |
| 31988L0295 - Second amendment of Goods (1st generation) | Article 9.8=G1-9.8 |
| 8. The contracting authorities must be able to supply proof of the date of dispatch. |
| 31990L0531 - Utilities (1st generation) | Article 19.1 |
Article 19
1. The contracting entities must be able to supply proof of the date of dispatch of the notices referred to in Articles 15 to 18. |
| 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 Article 25(5) provides that contracts in respect of which a notice is published in the OJEC are not to be published before that notice has been dispatched to the Office for Official Publications of the European Communities.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). |
