| | 32004L0018: c3-30.1.bNot permit prior overall pricing 32004L0018 - Classic (3rd generation) | Article 30.1.b | (b) in exceptional cases, when the nature of the works, supplies, or services or the risks attaching thereto do not permit prior overall pricing; | 31993L0037 - Works (2nd generation) | Article 7.2.c | (c) in exceptional cases, when the nature of the works or the risks attaching thereto do not permit prior overall pricing. | 31992L0050 - Services (2nd generation) | Article 11.2.b | (b) in exceptional cases, when the nature of the services or the risks involved do not permit prior overall pricing; | 31971L0305 - Works (1st generation) | Article 9.1.h [see 5.3] | (h) in exceptional cases, when the nature of the works or risks attached thereto does not permit prior overall pricing. | 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.7=W1-5.2.c & 1.9=W1.9-1.h | (c) in exceptional cases, when the nature of the works or the risks attaching thereto do not permit prior overall pricing.
9. Article 7, 8 and 9 are hereby repealed. |
Case | Pte | Ref | Text | C79/94 Greece | 13.p2 + 16 | G1A2-6.4.c | 13. ..... The Greek Government also states that the dressing material in question could have been supplied only by the six Greek producers which were parties to the framework agreement since no producer established in any other Member State has as yet expressed any interest in this type of contract. For those reasons, the Greek Government argues, the framework agreement was concluded in accordance with the derogation provided for in Article 6(4)(c) of the directive. 16 With regard to the Greek Government' s assertion that only the six producers party to the framework agreement could supply the products in question, even if this were proved, this circumstance would not come within the scope of the derogations provided for in Article 6(4) of the directive and, in particular, that under heading (c). | C-71/92 Spain | 36 | W1-9.1.h | It should be stressed first of all that the provisions of Article 9 of Directive 71/305 and of Article 6 of Directive 77/62, which authorize derogations from the rules intended to ensure the effectiveness of the rights conferred by the Treaty in the field of public works and supply contracts, must be strictly interpreted (see, as regards Article 9 of Directive 71/305, the judgment in Case 199/85 Commission v Italy [1987] ECR 1039, paragraph 14). For the same reasons, the abovementioned provisions specifying the cases in which privately negotiated contracts may be concluded must be regarded as exhaustive. |
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