8.5.2017   

EN

Official Journal of the European Union

C 144/25

1.

On a proper construction of Article 9 of Council Directive 92/50/EEC of 18 June 1992, (1) which provides that contracts which have as their object services listed in Annex I B are to be awarded in accordance with Article 14 and Article 16, do such contracts in any case remain subject to the principles of freedom of establishment and freedom to provide services, equal treatment and the prohibition of discrimination on grounds of nationality, transparency and non-discrimination, pursuant to Article 43[EC], Article 49[EC] and Article 86[EC]?

2.

If the first question should be answered in the affirmative, must Article 27 of Directive 92/50/EEC, which provides that where a contract is awarded by negotiated procedure the number of candidates admitted to negotiate may not be less than three, provided that there is a sufficient number of suitable candidates, be interpreted as applying likewise to contracts having as their object services listed in Annex I B of the directive?

3.

Does Article 27 of Directive 92/50/EEC, which provides that where a contract is awarded by negotiated procedure the number of candidates admitted to negotiate may not be less than three, provided that there is a sufficient number of suitable candidates, preclude the application of a national law that, for public contracts signed before Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 (2) relating to services listed in Annex I B of Directive 92/50/EEC was adopted, does not guarantee the opening up of public procurement to competition if the negotiated procedure is used?