NORDIC PROCUREMENT ENFORCEMENT
LEGAL RESEARCH PROJECT

32004L0017: u3-4.1

Activities

32004L0017 - Utilities (3rd generation)	Article 4.1
Article 4 Water 1. This Directive shall apply to the following activities: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of drinking water; or (b) the supply of drinking water to such networks.
31993L0038 - Utilities (2nd generation)	Article 2.2.a.i
2. Relevant activities for the purposes of this Directive shall be: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of: (i) drinking water; or
31990L0531 - Utilities (1st generation)	Article 2.2.a.i
2. Relevant activities for the purposes of this Directive shall be: (a) the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of: (i) drinking water, or

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.