NORDIC PROCUREMENT ENFORCEMENT
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32004L0018: c3-30.1.s1

Negotiated procedure with prior publication of a contract notice

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 30.1.s1
Article 30
    Cases justifying use of the negotiated procedure with prior publication of a contract notice
    1. Contracting authorities may award their public contracts by negotiated procedure, after publication of a contract notice, in the following cases:
31993L0037 - Works (2nd generation) Article 7.2.s1
2. The contracting authorities may award their public works contracts by negotiated procedure, with prior publication of a contract notice and after having selected the candidates according to publicly known qualitative criteria, in the following cases:
31993L0036 - Goods (2nd generation) Article 6.2.p1
2. The contracting authorities may award their supply contracts by negotiated procedure .....
31992L0050 - Services (2nd generation) Article 11.2.s1
2. Contracting authorities may award their public service contracts by negotiated procedure, with prior publication of a contract notice in the following cases:
31989L0440 - Fourth amendment of Works (1st generation) Article 1.7=W1-5.2.s1
2. The contracting authorities may award their public works contracts by negotiated procedure, with prior publication of a tender notice and after having selected the candidates according to qualitative public criteria, in the following cases:
31988L0295 - Second amendment of Goods (1st generation) Article 7.3=G1-6.3.p1
3. The contracting authorities may award their supply contracts by negotiated procedure ..... 

EU Cases

Case PteRefText
C-340/04
Carbotermo 		41-42G2-6.2
G2-6.3		41. Article 6 of Directive 93/36 requires contracting authorities who conclude public procurement contracts to use the open procedure or the restricted procedure unless the contract falls within one of the exceptions listed exhaustively in Article 6(2) and (3). The order for reference does not indicate that the public supply contract at issue in the main proceedings falls within one of those exceptions.
    42. It follows that Directive 93/36 does not allow for the direct award of a public procurement contract in circumstances such as those in the main proceedings.
C-84/03
Spain		56-59G2-6.2.p1
G2-6.3.s1
W2-7.2.s1
W2-7.3.s1		56. As regards the award of supply contracts for uniform goods, referred to in Article 182(g) of the codified law, the negotiated procedure may be used only in the cases exhaustively listed in Art icle 6(2) and (3) of Directive 93/36. Article 6(4) states, moreover, that in all other cases, the contracting authorities shall award their supply contracts by the open procedure or by the restricted procedure'.
    57. The provision at issue, introduced by the Spanish legislature, does not correspond either to the case mentioned in Article 6(2) of Directive 93/36 or to one of the five situations listed in Article 6(3) in which the use of a negotiated procedure without prior publication of a tender notice is expressly permitted. It must be stated, moreover, that the concept of framework agreement' does not come within the scope of those exceptions.
    58. Furthermore, the Court has consistently held that the provisions which authorise derogations from the rules intended to ensure the effectiveness of the rights conferred by the Treaty in the field of public supply contracts must be strictly interpreted (judgment in Case C71/92 Commission v Spain [1993] ECR I-5923, paragraph 36). It is, therefore, for the Member States to show that their legislation constitutes a faithful transposition of the cases expressly provided for by the directive. In the present case, such evidence has not been provided by the Spanish Government.
    59. Accordingly, to the extent that it authorises use of the negotiated procedure without prior publication of a tender notice for the procedures involving goods whose uniformity has been held to be necessary for their common use by the public authorities, provided that the choice of the type of goods has been made in advance, pursuant to a call for tenders, the law at issue constitutes an incorrect transposition of Article 6(2) and (3) of Directive 93/36.