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32004L0018: c3-82

Repeals

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 82
Article 82
    Repeals
    Directive 92/50/EEC, except for Article 41 thereof, and Directives 93/36/EEC and 93/37/EEC shall be repealed with effect from the date shown in Article 80, without prejudice to the obligations of the Member States concerning the deadlines for transposition and application set out in Annex XI.
    References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex XII.
32004L0017 - Utilities (3rd generation) Article 73
Article 73
    Repeal
    Directive 93/38/EEC is hereby repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition into national law set out in Annex XXV.
    References to the repealed Directive shall be construed as being made to this Directive and shall be read in accordance with the correlation table in Annex XXVI.
32005R2083 - Fourth joint amendment of Classic and Utilities (3rd generation) Article 3
Article 3
    Commission Regulation (EC) No 1874/2004 [4] shall hereby be repealed from 1 January 2006.
    References to the repealed Regulation shall be construed as references to this Regulation.
31993L0037 - Works (2nd generation) Article 36
Article 36
    1. Directive 71/305/EEC(8) is hereby repealed, without prejudice to the obligations of the Member States concerning the deadlines for transposition into national law and for application indicated in Annex VII.
    2. References to the repealed Directive shall be construed as references to this Directive and should be read in accordance with the correlation table given in Annex VIII.
(8) including the provisions which amended this Directive, namely:
    - Directive 78/669/EEC (OJ No L 225, 16. 8. 1978, p. 41),
    - Directive 89/440/EEC (OJ No L 210, 21. 7. 1989, p. 1),
    - Commission Decision 90/380/EEC (OJ No L 187, 19. 7. 1990, p. 55,
    - Article 35 (2) of Directive 90/531/EEC (OJ No L 297, 29. 10. 1990, p. 1), and
    - Directive 93/4/EEC (OJ. No L 38, 16. 2. 1993, p. 31).
31993L0036 - Goods (2nd generation) Article 33
Article 33
    Directive 77/62/EEC(14) is hereby repealed, without prejudice to the obligation of the Member States concerning the deadlines for transposition into national law and for application indicated in Annex V.
    References to the repealed Directives shall be construed as reference to this Directive and should be read in accordance with the correlation table set out in Annex VI.
(14) Including the provisions which amended this Directive, namely:
    - Directive 80/767/EEC (OJ No L 215, 18. 8. 1980, p. 1),
    - Directive 88/295/EEC (OJ No L 127, 20. 5. 1988, p. 1),
    - Article 35 (1) of Directive 90/531/EEC (OJ No L 297, 29. 10. 1990, p. 1),
    - Article 42 (1) of Directive 92/50/EEC (OJ No L 209, 24. 7. 1992, p. 1).
31993L0038 - Utilities (2nd generation) Article 45.3-4
3. Directive 90/531/EEC shall cease to have effect as from the date on which this Directive is applied by the Member States and this shall be without prejudice to the obligations of the Member States concerning the deadlines laid down in Article 37 of that Directive.
    4. References to Directive 90/531/EEC shall be construed as referring to this Directive.
31996X0527 - Joint recommendation for Classic and Utilities (2nd generation)Point 5
5. This Recommendation replaces Recommendation 91/561/EEC.
31989L0440 - Fourth amendment of Works (1st generation) Article 2
Article 2
    Directive 77/277/EEC of 26 July 1972 is hereby repealed.
31990L0531 - Utilities (1st generation) Article 37.3
3. Council recommendation 84/550/EEC of 12 November 1984 concerning the first phase of opening up access to public telecommunications contracts(19) shall cease to have effect as from the date on which this Directive is applied by the Member States.
(19) OJ No L 298, 16. 11. 1984, p. 51.

Community

32002R1605 - Community (4th generation) - Council Q4Article 186
The Financial Regulation of 21 December 1977 is hereby repealed.
    References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in the Annex.

EU Cases

Case PteRefText
C-119/06
Italy
33C3-80
C3-82
33 En vertu de ses articles 80 et 82, la directive 2004/18 a abrogé la directive 92/50 avec effet au 31 janvier 2006. La directive 92/50 était donc encore en vigueur au terme du délai fixé en l’espèce dans l’avis motivé. Par conséquent, c’est à la lumière de cette directive qu’il convient d’apprécier l’accord-cadre de 2004.
C-324/89
Telaustria
32-34U2-45.3-432 Since Directive 90/531 was replaced by Directive 93/38, as is clear from Article 45(3) of that directive, and since the references to Directive 90/531 are to be construed, according to Article 45(4) of Directive 93/38, as referring to Directive 93/38, it must be concluded, as under the regime applicable when the sectoral Directive 90/531 was in force, that the provisions of Directive 92/50 must not affect those of Directive 93/38.
33 Consequently, where a contract is covered by Directive 93/38 governing a specific sector of services, the provisions of Directive 92/50, which are intended to apply to services in general, are not applicable.
34 In those circumstances, it is necessary only to examine whether the contract at issue in the main proceedings can be covered, by reason of the contracting parties and its specific object, by Directive 93/38.
C-275/98
Unitron
21-23G2-33 [implicit]21 The first point to note is that Directive 93/36 was adopted after Directive 92/50.
22 Secondly, the second recital in the preamble to Directive 93/36 shows that that directive is intended, in particular, to align the provisions on the awarding of public supply contracts on the provisions of Directive 92/50. The latter were thus expressly taken into consideration when Directive 93/36 was adopted.
23 It follows that the provisions of Directive 92/50 cannot influence the scope of the provisions of Directive 93/36, including those which already appeared in Directive 77/62.