# C_2018408EN.01003001.xml

| 12.11.2018 | EN | Official Journal of the European Union | C 408/30 |
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12.11.2018

EN

Official Journal of the European Union

C 408/30

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Judgment of the Court (Ninth Chamber) of 20 September 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Stefan Rudigier

(Case C-518/17) (1)

((Reference for a preliminary ruling - Public procurement - Public passenger transport services by rail and by road - Regulation (EC) No 1370/2007 - Article 5(1) - Award of public service contracts - Article 7(2) - Obligation to publish certain information in the Official Journal of the European Union at least one year before the launch of the procedure - Consequences of non-publication - Annulment of the call for tenders - Directive 2014/24/EU - Article 27(1) - Article 47(1) - Directive 2014/25/EU - Article 45(1) - Article 66(1) - Contract notice))

(2018/C 408/38)

Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Appellant: Stefan Rudigier

Other party: Salzburger Verkehrsverbund GmbH

Operative part of the judgment

Article 7(2) of 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 must be interpreted as meaning that

| — | the obligation to provide prior information laid down in that provision applies to contracts for public transport services by bus which are in principle awarded in accordance with the procedures provided for by 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 or by Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC; |
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the obligation to provide prior information laid down in that provision applies to contracts for public transport services by bus which are in principle awarded in accordance with the procedures provided for by 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 or by Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC;

| — | an infringement of that obligation to provide prior information does not entail the annulment of the call for tenders concerned, provided that the principles of equivalence, effectiveness and equal treatment are complied with, which is for the referring court to ascertain. |
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an infringement of that obligation to provide prior information does not entail the annulment of the call for tenders concerned, provided that the principles of equivalence, effectiveness and equal treatment are complied with, which is for the referring court to ascertain.

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(1)  OJ C 392, 20.11.2017.

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