C-411/00
Swoboda | 58-59 | S2-7.3.p1
S2-7.3.p2 | 58. Moreover, that conclusion is supported by the wording of Article 7(3) of Directive 92/50, from which it is clear that the choice of the valuation method is not to be made with the intention of avoiding the application of the directive. Although that article relates to a different situation (the artificial splitting up of the contract), the purpose which inspires it (the concern to avoid any risk of manipulation) also precludes a contracting authority from artificially grouping different services in the same contract solely in order to avoid the application in full of the directive to that contract.
59. In the main case there can be no question, however, of such an artificial grouping in so far as the Bundesvergabeamt has clearly established that the services forming the object of the contract awarded by the ANB, although different in nature, all serve to achieve a single purpose. |
