Directive 2007/24/EC of the European Parliament and of the Council of 23 May 2007 repealing Council Directive 71/304/EEC concerning the abolition of restrictions on freedom to provide services in respect of public works contracts and on the award of public works contracts to contractors acting through agencies or branches   (Text with EEA relevance)
Date: 2007-05-23
Institutions: Council of the European Union, European Parliament
Subjects: award of contract, branch, company law, freedom to provide services, repeal, simplification of legislation, works contract

L 154/22

EN

Official Journal of the European Union

14.6.2007

DIRECTIVE 2007/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 23 May 2007

repealing Council Directive 71/304/EEC concerning the abolition of restrictions on freedom to
provide services in respect of public works contracts and on the award of public works contracts to
contractors acting through agencies or branches

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 47(2) and Articles 55 and 95
thereof,

contracts and public service contracts (3), and also in the
light of developments
the
European Court of Justice, notably its judgment of 25 July
1991 in Case C-76/90 Säger (4), it has been possible to
achieve a level of protection equal to or greater than that
offered under Directive 71/304/EEC (5).

involving the case-law of

Having regard to the proposal from the Commission,

After consulting the European Economic and Social Committee,

(3)

time not prejudicing the

In order to simplify the Community acquis while at the
same
rights of economic
operators, Directive 71/304/EEC should therefore be
repealed,

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251
of the Treaty (1),

Whereas:

(1)

In its Communication to the Council,
the European
Parliament, the European Economic and Social Committee
the Regions on updating and
and the Committee of
simplifying the Community acquis,
the Commission
announced, inter alia, its intention to scrutinise the acquis
so as to establish whether it could be simplified,
for
instance through the repeal of acts that had become
obsolete.

(2) As a result of the adoption of various acts of a legislative
nature in the public procurement sector, most recently
Directive 2004/17/EC of the European Parliament and of
the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy,
transport and postal services sectors (2), and 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

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 71/304/EEC is hereby repealed.

Article 2

This Directive shall enter into force on the day of its publication
in the Official Journal of the European Union.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 23 May 2007.

For the European Parliament

For the Council

The President

H.-G. PÖTTERING

The President

G. GLOSER

(1) Opinion of the European Parliament of 13 February 2007 (not yet
published in the Official Journal) and Council Decision of 16 April
2007.

(2) OJ L 134, 30.4.2004, p. 1. Directive as last amended by Council

Directive 2006/97/EC (OJ L 363, 20.12.2006, p. 107).

(3) OJ L 134, 30.4.2004, p. 114. Directive as last amended by Directive

2006/97/EC.

(4) ECR [1991] I-4221.
(5) OJ L 185, 16.8.1971, p. 1.