Opinion of the Advocate General — ECLI:EU:C:1999:384
Date: 1999-07-08
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: Denmark

Summary of the Judgment 
Approximation of laws — Procedures for the award of public supply contracts — 
Directive 93/36 — Article 2(2) — Independent in scope from Directive 92/50 — Where 
the contracting authority grants to a body other than such an authority the right to engage 
in a public service — Obligatory to require compliance with the principle of non­
discrimination — No obligation to require compliance with tendering procedures 
(Council Directives 92/50 and 93/36, Art. 2(2)) 
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SUMMARY — CASE C-275/98 
Article 2(2) of Directive 93/36 coordina­
ting procedures for the award of public 
supply contracts — which is independent in 
scope from the provisions of Directive 
92/50 relating to the coordination of pro­
cedures for the award of public service 
contracts — is to be interpreted as follows: 
— it requires a contracting authority 
which grants to a body other than such 
a contracting authority special or 
exclusive rights to engage in a public 
service activity to require of that body, 
in relation to the public supply con­
tracts which it awards to third parties 
in the context of that activity, that it 
comply with the principle of non­
discrimination on grounds of national­
ity; 
— it does not, however, require in those 
circumstances that the contracting 
authority demand that, in awarding 
such public supply contracts, the body 
in question comply with the tendering 
procedures laid down by Directive 
93/36. 
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