# C_2017392EN.01001601.xml

| 20.11.2017 | EN | Official Journal of the European Union | C 392/16 |
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20.11.2017

EN

Official Journal of the European Union

C 392/16

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Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 28 August 2017 — Stefan Rudigier

(Case C-518/17)

(2017/C 392/21)

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings

Parties to the main proceedings

Appellant on a point of law: Stefan Rudigier

Appellant on a point of law:

Other party in the appeal on a point of law: Salzburger Verkehrsverbund GmbH

Other party in the appeal on a point of law:

Questions referred

Questions referred

| 1. | Is Article 7(2) of Regulation (EC) No 1370/2007 (1) on public passenger transport services by rail and by road also applicable in the case of the award of a service contract pursuant to the second sentence of Article 5(1) of that regulation for passenger transport services by bus in accordance with a procedure laid down in the Procurement Directives (Directive 2004/17/EC or Directive 2004/18/EC)? |
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1.

Is Article 7(2) of Regulation (EC) No 1370/2007 (1) on public passenger transport services by rail and by road also applicable in the case of the award of a service contract pursuant to the second sentence of Article 5(1) of that regulation for passenger transport services by bus in accordance with a procedure laid down in the Procurement Directives (Directive 2004/17/EC or Directive 2004/18/EC)?

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| 2. | If the first question is answered in the affirmative:
  Does a breach of the obligation to publish, at least one year before the launch of an invitation to tender procedure, the information indicated in Article 7(2)(a) to (c) of Regulation (EC) No 1370/2007 result in an invitation to tender being regarded as unlawful in the case where there was no such publication one year prior to the launch of the procedure but the invitation to tender followed a procedure that was, under the second sentence of Article 5(1) of that regulation, in accordance with the Procurement Directives? |
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2.

If the first question is answered in the affirmative:

Does a breach of the obligation to publish, at least one year before the launch of an invitation to tender procedure, the information indicated in Article 7(2)(a) to (c) of Regulation (EC) No 1370/2007 result in an invitation to tender being regarded as unlawful in the case where there was no such publication one year prior to the launch of the procedure but the invitation to tender followed a procedure that was, under the second sentence of Article 5(1) of that regulation, in accordance with the Procurement Directives?

| 3. | If the second question is answered in the affirmative:
  Do the rules of EU law governing the award of public contracts preclude national legislation under which the setting-aside of an invitation to tender, as provided for in Article 2(1)(b) of Directive 89/665/EEC, (2) on the ground that it is unlawful by reason of the failure to publish information in accordance with Article 7(2) of Regulation No 1370/2007, may be dispensed with if that illegality does not have a significant influence on the outcome of the procurement procedure because the operator concerned was able to react in a timely manner and there was no adverse effect on competition? |
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3.

If the second question is answered in the affirmative:

Do the rules of EU law governing the award of public contracts preclude national legislation under which the setting-aside of an invitation to tender, as provided for in Article 2(1)(b) of Directive 89/665/EEC, (2) on the ground that it is unlawful by reason of the failure to publish information in accordance with Article 7(2) of Regulation No 1370/2007, may be dispensed with if that illegality does not have a significant influence on the outcome of the procurement procedure because the operator concerned was able to react in a timely manner and there was no adverse effect on competition?

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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)  Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, OJ 1989 L 395, p. 33.

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