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31977L0062: g1-26

Exemption

EU Law Community DK Law EU Cases DK Cases

EU Law

31977L0062 - Goods (1st generation) Article 26
Title V
Final provisions
Article 26
This directive shall not prevent the implementation of provisions contained in Italian law no 835 of 6 October 1950 (official gazette no 245 of 24 October 1950 of the Italian republic) and in modifications thereto in force on the date on which this directive is adopted; this is without prejudice to the compatibility of these provisions with the treaty.
31988L0295 - Second amendment of Goods (1st generation) Article 16=G1-26
Article 16
Article 26 is replaced by the following:
Article 26
    1. This Directive shall not prevent, until 31 December 1992, the application of existing national provisions on the award of public supply contracts which have as their objective the reduction of regional disparities and the promotion of job creation in the most disadvantaged regions and in declining industrial regions, on condition that the provisions concerned are compatible with the Treaty and with the Community's international obligations.
    2. Paragraph 1 shall be without prejudice to Article 25 (4).

EU Cases

Case PteRefText
21/8817G1-26It should be pointed out in that regard, first, that the content of the national legislation to which the national court refers (Law No 64/86 ) is in some respects different and more extensive than it was at the time of the adoption of the directive (Law No 835/50 ) and, secondly, that Article 26 specifies that the directive is to apply "without prejudice to the compatibility of these provisions with the Treaty ". In any event, the directive cannot be interpreted as authorizing the application of national legislation whose provisions are contrary to those of the Treaty and, consequently, as impeding the application of Article 30 in a case such as this.
263/855G1-26Article 30 of the Treaty precludes national legislation which reserves to undertakings established in particular regions of the national territory a proportion of public supply contracts.
    (The grounds of the judgment are not reproduced.)