| | 32004L0018: c3-31.2.aResearch, experimentation, study    
| 32004L0018 - Classic (3rd generation) | Article 31.2.a | (2) for public supply contracts:
(a) when the products involved are manufactured purely for the purpose of research, experimentation, study or development; this provision does not extend to quantity production to establish commercial viability or to recover research and development costs; | | 32004L0017 - Utilities (3rd generation) | Article 40.3.b | | (b) where a contract is purely for the purpose of research, experiment, study or development, and not for the purpose of securing a profit or of recovering research and development costs, and insofar as the award of such contract does not prejudice the competitive award of subsequent contracts which do seek, in particular, those ends; | | 31993L0036 - Goods (2nd generation) | Article 6.3.b | | (b) when the products involved are manufactured purely for the purpose of research, experiment, study or development, this provision does not extend to quantity production to establish commercial viability or to recover research and development costs; | | 31993L0038 - Utilities (2nd generation) | Article 20.2.b | | (b) where a contract is purely for the purpose of research, experiment, study or development and not for the purpose of ensuring profit or of recovering research and development costs and in so far as the award of such contract does not prejudice the competitive award of subsequent contracts which have in particular these purposes; | | 31971L0305 - Works (1st generation) | Article 9.1.c | | (c) for works carried out purely for purposes of research, experiment, study or development; | | 31989L0440 - Fourth amendment of Works (1st generation) | Article 1.9=W1-9.1.c | | 9. Article 7, 8 and 9 are hereby repealed. | | 31977L0062 - Goods (1st generation) | Article 6.1.c | | (c) where the articles involved are manufactured purely for purposes of research, experiment, study or development; | | 31988L0295 - Second amendment of Goods (1st generation) | Article 7.4.b=G1-6.4.b | | (b) when the articles involved are manufactured purely for the purpose of research, experiment, study or development, this provision does not extend to quantity production to establish commercial viability or to recover research and development costs; | | 31990L0531 - Utilities (1st generation) | Article 15.2.b | | (b) where a contract is purely for the purpose of research, experiment, study or development and not for the purpose of ensuring profit or of recovering research and development costs; |
| Case | Pte | Ref | Text | C-328/92
Spain | 15-16 | G1-6.1.a
G1-6.1.b
G1-6.1.c
G1-6.1.d
G1-6.1.e
G1-6.1.f
G1-6.1.g
G1-6.1.h
ECT-EffUtil | In that regard, Article 6 of Directive 77/62, which authorizes derogations from rules intended to ensure the effectiveness of rights conferred by the Treaty in the public supply contracts sector, must be interpreted strictly (see the judgment in Commission v Spain, cited above, paragraph 36).
Furthermore, the burden of proving the actual existence of exceptional circumstances justifying a derogation lies on the person seeking to rely on those circumstances (see, with regard to public works contracts, the judgment in Case 199/85 Commission v Italy [1987] ECR 1039, paragraph 14). | C-71/92
Spain | 36 | W1-9.1.a
W1-9.1.b
W1-9.1.c
W1-9.1.d
W1-9.1.e
W1-9.1.f
W1-9.1.g
G1-6.1.a
G1-6.1.b
G1-6.1.c
G1-6.1.d
G1-6.1.e
G1-6.1.f
G1-6.1.g
G1-6.1.h
ECT-EffUtil | 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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