# C_2004321EN.01001401.xml

| 28.12.2004 | EN | Official Journal of the European Union | C 321/14 |
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28.12.2004

EN

Official Journal of the European Union

C 321/14

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D-Munich: Operation of scheduled air services

Invitation to tender issued by the Federal Republic of Germany pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the operation of scheduled air services between Hof and Frankfurt am Main

(2004/C 321/13)

| 1. | Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the German Government has decided to impose a public service obligation in respect of scheduled air services on the Hof - Frankfurt am Main route with effect from 1 April 2005. The details of this public service obligation are published in
  Official Journal of the European Union C 321 of 28.12.2004.
  Insofar as, by 1 March 2005, no air carrier has submitted to the Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie written proof of the commencement of air services on 1 April 2005 in accordance with the public service obligations and without requesting compensation, Germany will, pursuant to Article 4(1)(d) of the above-mentioned Regulation, limit access to this route to a single air carrier and put out the right to operate these services from 1 April 2005 to public tender. |
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1.

Introduction: Pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, the German Government has decided to impose a public service obligation in respect of scheduled air services on the Hof - Frankfurt am Main route with effect from 1 April 2005. The details of this public service obligation are published in
  Official Journal of the European Union C 321 of 28.12.2004.

Introduction:

Official Journal of the European Union

Insofar as, by 1 March 2005, no air carrier has submitted to the Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie written proof of the commencement of air services on 1 April 2005 in accordance with the public service obligations and without requesting compensation, Germany will, pursuant to Article 4(1)(d) of the above-mentioned Regulation, limit access to this route to a single air carrier and put out the right to operate these services from 1 April 2005 to public tender.

| 2. | Subject of the invitation to tender: Operation of scheduled air services between Hof and Frankfurt am Main in accordance with the public service obligation imposed on this route, as published in the
  Official Journal of the European Union C 321 of 28.12.2004. |
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2.

Subject of the invitation to tender: Operation of scheduled air services between Hof and Frankfurt am Main in accordance with the public service obligation imposed on this route, as published in the
  Official Journal of the European Union C 321 of 28.12.2004.

Subject of the invitation to tender:

Official Journal of the European Union

| 3. | Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers. |
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3.

Participation in the invitation to tender: Participation is open to all carriers who hold a valid operating licence issued by a Member State in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

Participation in the invitation to tender:

| 4. | Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d) to (i) of Regulation (EEC) No 2408/92.
  The Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie reserves the right to reject all offers or to start negotiations if no economically acceptable tender is received.
  Tenderers are bound by their tender pending the actual award of a tender. The contract will be awarded only for a tender that is economically acceptable in its entirety. |
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4.

Tender procedure: This invitation to tender is subject to the provisions of Article 4(1)(d) to (i) of Regulation (EEC) No 2408/92.

Tender procedure:

The Bavarian Staatsministerium für Wirtschaft, Verkehr und Technologie reserves the right to reject all offers or to start negotiations if no economically acceptable tender is received.

Tenderers are bound by their tender pending the actual award of a tender. The contract will be awarded only for a tender that is economically acceptable in its entirety.

| 5. | Tender dossier: The full tender dossier, including the technical specifications, the terms of contract and details regarding the imposition of the public service obligation, is obtainable free of charge from:
  Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich. Fax: (49-89) 21 62-25 88. |
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5.

Tender dossier: The full tender dossier, including the technical specifications, the terms of contract and details regarding the imposition of the public service obligation, is obtainable free of charge from:

Tender dossier:

Bayerisches Staatsministerium für Wirtschaft, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich. Fax: (49-89) 21 62-25 88.

| 6. | Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of the Hof - Frankfurt am Main route for three years from the planned date of commencement of service (with an annual breakdown of the figures). |
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6.

Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of the Hof - Frankfurt am Main route for three years from the planned date of commencement of service (with an annual breakdown of the figures).

Financial compensation:

| 7. | Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in agreement with the public service obligation published in the
  Official Journal of the European Union C 321 of 28.12.2004. |
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7.

Fares: The tenders submitted must indicate the proposed fares and the conditions attached to them. The fares must be in agreement with the public service obligation published in the
  Official Journal of the European Union C 321 of 28.12.2004.

Fares:

Official Journal of the European Union

| 8. | Duration of the contract: The contract commences on 1 April 2005 and terminates on 31 March 2008. |
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8.

Duration of the contract: The contract commences on 1 April 2005 and terminates on 31 March 2008.

Duration of the contract:

| 9. | Alteration or notice of termination of contract: The contract may only be altered if the changes are in agreement with the public service obligation published in
  Official Journal of the European Union C 321 of 28.12.2004. Changes to the contract must be submitted in writing.
  The contract may be terminated by either party subject to 6 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for serious reasons. |
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9.

Alteration or notice of termination of contract: The contract may only be altered if the changes are in agreement with the public service obligation published in
  Official Journal of the European Union C 321 of 28.12.2004. Changes to the contract must be submitted in writing.

Alteration or notice of termination of contract:

Official Journal of the European Union

The contract may be terminated by either party subject to 6 months' notice. This is without prejudice to the right of extraordinary termination of contract without notice for serious reasons.

| 10. | Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. In the event of failure to comply with, or the incomplete performance of, the contractual obligations by the air carrier, the awarding authority is entitled to reduce the compensation payment proportionately. This may also apply where damage has been caused. |
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10.

Failure to perform the contract/contractual penalties: The air carrier is responsible for the proper fulfilment of its contractual obligations. In the event of failure to comply with, or the incomplete performance of, the contractual obligations by the air carrier, the awarding authority is entitled to reduce the compensation payment proportionately. This may also apply where damage has been caused.

Failure to perform the contract/contractual penalties:

| 11. | Submission of tenders: Tenders must be sent by registered letter, or hand-delivered against receipt, to the following address:
  Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich.
  Tenders must be submitted at the latest one month after the date of publication of this notice. All tenders must be submitted in quintuplicate. |
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11.

Submission of tenders: Tenders must be sent by registered letter, or hand-delivered against receipt, to the following address:

Submission of tenders:

Bayerisches Staatsministerium für Wirtschaft, Infrastruktur, Verkehr und Technologie, Prinzregentenstrasse 28, D-80538 Munich.

Tenders must be submitted at the latest one month after the date of publication of this notice. All tenders must be submitted in quintuplicate.

| 12. | Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that, by 1 March 2005, no EU carrier has applied for a licence to operate the air services on the abovementioned route from 1 April 2005 in accordance with the public service obligation imposed and without requesting financial compensation. |
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12.

Validity of the invitation to tender: Pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92, the validity of this invitation to tender is subject to the condition that, by 1 March 2005, no EU carrier has applied for a licence to operate the air services on the abovementioned route from 1 April 2005 in accordance with the public service obligation imposed and without requesting financial compensation.

Validity of the invitation to tender:

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