Keywords
Summary

Keywords

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1 . Approximation of legislation - Procedures for the award of public works contracts - Directive 71/305 - Scope - Exclusion of water and energy services - Publication in the Official Journal of a notice relating to a contract covered by the exception - Effect - Applicability of the directive - None

( Council Directive 71/305, Art . 3 ( 5 ) )

2 . Free movement of goods - Quantitative restrictions - Measures having equivalent effect - Public works contract - Invitation to tender - Technical specification requiring the materials used to comply with a national standard - Not permissible

( EEC Treaty, Art . 30 )

Summary

1 . Directive 71/305 on the procedures for the award of public works contracts, Article 3 ( 5 ) of which excludes from its scope contracts awarded by the production, distribution, transmission or transportation services for water and energy, cannot apply to such a contract notwithstanding that provision simply because the Member State in question requested the publication of a contract notice in the Official Journal of the European Communities by reference to the obligatory publication of contract notices laid down by the directive . Such a step, whether taken because of an error or because the Member State initially intended to seek a financial contribution from the Community, cannot cause an exception not to apply where the exception is laid down in a provision which is wholly unambiguous and justified by reasons unaffected by that step .

2 . In so far as it allows a public body for whose acts it is responsible to include in the contract specification for tender for a public works contract a clause stipulating that the materials used must be certified as complying with a national technical standard, a Member State fails to fulfil its obligations under Article 30 of the Treaty . Such a clause is liable to impede imports in so far as it may cause economic operators utilizing materials equivalent to those certified as complying with the relevant national standards to refrain from tendering .