NORDIC PROCUREMENT ENFORCEMENT
  LEGAL RESEARCH PROJECT
   

   
 
 
 
    
 
 
Previous
Up
Next		   
   
c3-28.1
c3-28.2
u1-15.stm
c3-29
c3-30.1.s1
c3-30.1.a
c3-30.1.b
c3-30.1.c
c3-30.1.d
npl2-12.3.p2+4-5
c3-30.2-4
npl2bk2-2.3
c3-31.s1
c3-31.1.a
c3-31.1.b
c3-31.1.c
c3-31.2.a
c3-31.2.b
c3-31.2.c
c3-31.2.d
c3-31.3
c3-31.4.a
c3-31.4.b
u3-40.3.i
u3-40.3.j
g1-6.1.h
w1-9.2
c3-32.1
c3-32.2.1
c3-32.2.2.s1
c3-32.2.2.s2
c3-32.2.3
c3-32.2.4
c3-32.2.5
c3-32.3
c3-32.4.1
c3-32.4.2
c3-33.1
c3-33.2
c3-33.3
c3-33.4
c3-33.5
c3-33.6
c3-33.7
c3-34.1-2
c3-34.3

32004L0018: c3-31.2.c

Commodity market

EU Law Community DK Law EU Cases DK Cases

EU Law

32004L0018 - Classic (3rd generation) Article 31.2.c
(c) for supplies quoted and purchased on a commodity market;
32004L0017 - Utilities (3rd generation) Article 40.3.h
(h) for supplies quoted and purchased on a commodity market;
31993L0038 - Utilities (2nd generation) Article 20.2.h
(h) for supplies quoted and purchased on a commodity market;
31977L0062 - Goods (1st generation) Article 6.1.f
(f) for goods quoted and purchased on a commodity market in the community;
31980L0767 - First amendment of Goods (1st generation) Article 4=G1-6.1.f
Article 4
Article 6 (1) (f) of directive 77/62/eec shall not apply.
31988L0295 - Second amendment of Goods (1st generation) Article 7=G1-6 & 19.p3=80/767-4
Article 7
Article 6 is replaced by the following text:
[not included in new article 6]
Article 19
    Articles ..... 4 ..... of Directive 80/767/EEC are deleted.
31990L0531 - Utilities (1st generation) Article 15.2.h
(h) for supplies quoted and purchased on a commodity market;

EU Cases

Case PteRefText
C-328/92
Spain		15-16G1-6.1.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		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		36W1-9.1.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		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.