# C_2015294EN.01003301.xml

| 7.9.2015 | EN | Official Journal of the European Union | C 294/33 |
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7.9.2015

EN

Official Journal of the European Union

C 294/33

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Request for a preliminary ruling from the Vergabekammer Südbayern (Germany) lodged on 16 June 2015 — Hörmann Reisen GmbH v Stadt Augsburg, Landkreis Augsburg

(Case C-292/15)

(2015/C 294/41)

Language of the case: German

Referring court

Referring court

Vergabekammer Südbayern

Parties to the main proceedings

Parties to the main proceedings

Applicant: Hörmann Reisen GmbH

Applicant:

Defendants: Stadt Augsburg, Landkreis Augsburg

Defendants:

Questions referred

Questions referred

| 1. | In the case of an award procedure under Article 5(1) of Regulation (EC) No 1370/2007 (1) in conjunction with Directive 2004/18/EC (2) or Directive 2014/24/EU, (3) in principle are the provisions of those directives alone applicable, with the result that any provisions of Regulation (EC) No 1370/2007 which derogate from those directives are not to be applied? |
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1.

In the case of an award procedure under Article 5(1) of Regulation (EC) No 1370/2007 (1) in conjunction with Directive 2004/18/EC (2) or Directive 2014/24/EU, (3) in principle are the provisions of those directives alone applicable, with the result that any provisions of Regulation (EC) No 1370/2007 which derogate from those directives are not to be applied?

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| 2. | In the case of an award procedure under Article 5(1) of Regulation (EC) No 1370/2007 in conjunction with Directive 2004/18/EC or Directive 2014/24/EU, is the permissibility of subcontracting therefore governed exclusively by the rules developed by the Court of Justice in connection with Directive 2004/18/EC and by the provisions of Article 63(2) of Directive 2014/24/EU or can a contracting authority, in derogation from the foregoing, stipulate a percentage rate of self-provision (measured in timetable kilometres), in accordance with Article 4(7) of Regulation (EC) No 1370/2007, even in the case of an award procedure of the kind mentioned above? |
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2.

In the case of an award procedure under Article 5(1) of Regulation (EC) No 1370/2007 in conjunction with Directive 2004/18/EC or Directive 2014/24/EU, is the permissibility of subcontracting therefore governed exclusively by the rules developed by the Court of Justice in connection with Directive 2004/18/EC and by the provisions of Article 63(2) of Directive 2014/24/EU or can a contracting authority, in derogation from the foregoing, stipulate a percentage rate of self-provision (measured in timetable kilometres), in accordance with Article 4(7) of Regulation (EC) No 1370/2007, even in the case of an award procedure of the kind mentioned above?

| 3. | In the event that Article 4(7) of Regulation (EC) No 1370/2007 is applicable to award procedures under Article 5(1) of Regulation (EC) No 1370/2007 in conjunction with Directive 2004/18/EC or Directive 2014/24/EU, does the determination of the self-provision rate lie within the discretion of the contracting authority, taking into account recital 19 in the preamble to Regulation (EC) No 1370/2007, with the result that the requirement by the contracting authority of a self-provision rate of 70 %, measured in timetable kilometres, is justifiable? |
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3.

In the event that Article 4(7) of Regulation (EC) No 1370/2007 is applicable to award procedures under Article 5(1) of Regulation (EC) No 1370/2007 in conjunction with Directive 2004/18/EC or Directive 2014/24/EU, does the determination of the self-provision rate lie within the discretion of the contracting authority, taking into account recital 19 in the preamble to Regulation (EC) No 1370/2007, with the result that the requirement by the contracting authority of a self-provision rate of 70 %, measured in timetable kilometres, is justifiable?

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(1)  Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 (OJ 2007 L 315, p. 1).

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(2)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114).

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(3)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC Text with EEA relevance (OJ 2014 L 94, p. 65).

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