NORDIC PROCUREMENT ENFORCEMENT
LEGAL RESEARCH PROJECT

32004L0018: c3-84

Addressees

EU Law

32004L0018 - Classic (3rd generation)	Article 84
Article 84 Addressees This Directive is addressed to the Member States.
32005L0075 - First amendment of Classic (3rd generation)	Article 4
Article 4 This Directive is addressed to the Member States.
32004L0017 - Utilities (3rd generation)	Article 75
Article 75 Addressees This Directive is addressed to the Member States.
32005D0015 - First amendment of Utilities (3rd generation)	Article 3
Article 3 This Decision is addressed to the Member States.
32004R1874 - First joint amendment of Classic and Utilities (3rd generation)	Article 3.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32005R1564 - Second joint amendment of Classic and Utilities (3rd generation)	Article 3.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32005L0051 - Third joint amendment of Classic and Utilities (3rd generation)	Article 5
Article 5 This Directive is addressed to the Member States.
32005R2083 - Fourth joint amendment of Classic and Utilities (3rd generation)	Article 4.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32007R2083 - Fifth joint amendment of Classic and Utilities (3rd generation)	Article 3.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32008R213 - Sixth joint amendment of Classic and Utilities (3rd generation)	Article 4.3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
31993L0037 - Works (2nd generation)	Article 37
Article 37 This Directive is addressed to the Member States.
31993L0036 - Goods (2nd generation)	Article 35
Article 35 This Directive is addressed to the Member States.
31992L0050 - Services (2nd generation)	Article 45
Article 45 This Directive is addressed to the Member States.
31997L0052 - Joint amendment of Classic (2nd generation)	Article 5
Article 5 This Directive is addressed to the Member States.
31993L0038 - Utilities (2nd generation)	Article 48
Article 48 This Directive is addressed to the Member States.
31998L0004 - Amendment of Utilities (2nd generation)	Article 3
Article 3 This Directive is addressed to the Member States.
32001L0078 - Second joint amendment of Classic and Utilities (2nd generation)	Article 4
Article 4 This Directive is addressed to the Member States.
31971L0305 - Works (1st generation)	Article 34
Article 34 This directive is addressed to the member states.
31978L0669 - Third amendment of Works (1st generation)	Article 3
Article 3 This directive is addressed to the member states.
31989L0440 - Fourth amendment of Works (1st generation)	Article 5
Article 5 This Directive is addressed to the Member States.
31990D0380 - Fifth amendment of Works (1st generation)	Article 3
Article 3 This Decision is addressed to the Member States.
31992D0456 - Sixth amendment of Works (1st generation)	Article 2
Article 2 This Decision is addressed to the Member States.
31993L0004 - Seventh amendment of Works (1st generation)	Article 4
Article 4 This Directive is addressed to the Member States.
31977L0062 - Goods (1st generation)	Article 32
Article 32 This directive is addressed to the member states.
31980L0767 - First amendment of Goods (1st generation)	Article 11
Article 11 This directive is addressed to the member states.
31988L0295 - Second amendment of Goods (1st generation)	Article 22
Article 22 This Directive is addressed to the Member States.
31990L0531 - Utilities (1st generation)	Article 39
Article 39 This Directive is addressed to the Member States.
31994L0022 - Amendment of Utilities (1st generation)	Article 16
Article 16 This Directive is addressed to the Member States.

Community

32002R1605 - Community (4th generation) - Council Q4	Article 187.3
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32006R1995 - First amendment of Community (4th generation) - Council Q4A1	Article 2.4
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32002R2342 - Implementation of Community (4th generation) - Commission M4	Article 273.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32005R1261 - First amendment of implementation of Community (4th generation) - Commission M4A1	Article 3.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32006R1248 - Second amendment of implementation of Community (4th generation) - Commission M4A2	Article 3.2
This Regulation shall be binding in its entirety and directly applicable in all Member States.
32007R0468 - Third amendment of implementation of Community (4th generation) - Commission M4A3	Article 3.4
This Regulation shall be binding in its entirety and directly applicable in all Member States.

EU Cases

Case	Pte	Ref	Text
C-422/97-PA Sateba	Summary-3	U2-48 ECT-226 [ex 169]	3 It follows from the application of the Community rules on public procurement, in this case those covered by Directive 93/38, that acts of contracting entities are imputable to the Member States to which those entities belong and may therefore be condemned in the context of the infringement procedure established by Article 169 of the Treaty.
C-353/96 Ireland	23	G1-32 G1A2-22	23 As regards the question whether Ireland may be held liable for the actions of Coillte Teoranta as contracting authority, it is sufficient to state that the directives on public contract awards would be deprived of their effectiveness if the actions of a contracting authority were not imputable to the Member State concerned.
C-328/96 Austria	74-75	W2-37	74 The Court observes in this regard that it is common ground that Nöplan is a contracting authority within the meaning of the second subparagraph of Article 1(b) of Directive 93/37 and that, as the Austrian Government itself admits in its defence, it has not contested the detailed analysis made by the Commission in the reasoned opinion of the relationship between the Land of Lower Austria and Nöplan whereby the Land of Lower Austria controls and finances all activities regarding the construction of the administrative centre. In those circumstances, Nöplan was under an obligation to respect the Community provisions governing the awarding of contracts, irrespective of any possibility for the operators concerned to invoke against it provisions governing the awarding of contracts which have direct effect. 75 As regards the question whether the Republic of Austria may be held liable for the actions of Nöplan as contracting authority, it is sufficient to state that the Community directives governing the award of public contracts would be deprived of their effectiveness if the actions of a contracting authority such as Nöplan were not imputable to the Member State concerned (see, to this effect, Commission v Ireland, cited above, paragraph 23).

DK Cases

Case	Pte	Ref	Text
N-030429 Lindpro	5-8	NPL2BK2-19.1	5. Klagenævnet finder anledning til yderligere at bemærke: 6. § 19 i 2002-bekendtgørelsen kan sprogligt både forstås sådan, at 2001- bekendtgørelsen ophæves med virkning fra 2002-bekendtgørelsens udstedelsesdato den 9. juli 2002, og sådan, at 2001-bekendtgørelsen ophæves med virkning fra 2002-bekendtgørelsens ikrafttrædelsesdato den 1. september 2002, jf. § 19, stk. 1. 7. Det har imidlertid formodningen imod sig, at § 19 i 2002-bekendtgørelsen skal forstås på den førstnævnte af de to måder. Denne forståelse ville medføre, at ingen af de to bekendtgørelser var gældende i perioden 9. juli til 1. september 2002, men der foreligger ikke holdepunkter for at gå ud fra, at noget sådant skulle være tilsigtet. 8. § 19, stk. 2, i 2002-bekendtgørelsen må herefter fortolkes sådan, at 2001- bekendtgørelsen er ophævet pr. 1. september 2002, da 2002-bekendtgørelsen trådte i kraft.