335. Presentation of an application for exemption from the application of Directive 2004 /17/EC on the coordination of the award of the contract by entities operating in the water sector, Energy and transport services as well as postal services by the European Commission

According to § 179 (6) of the Federal Law on the Law of Procurement 2006, BGBl. I n ° 17, as last amended by the Federal Law BGBl. I No 86/2007, is announced:

The European Commission has decided to: No. OJ C 226 of 19.9.2009 p. 26:

" On 10 September 2009, the Commission submitted an application in accordance with Article 30 (5) of Directive 2004 /17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water sector, Energy and transport services and postal services. The first working day following receipt of the application shall be 11 September 2009.

The application submitted by Österreichische Post AG relates to postal services and other services as postal services (see Article 6 (2) (b) and (c) of Directive 2004 /17/EC) in Austria. In accordance with Article 30, Directive 2004 /17/EC shall not apply where the activity in question is directly exposed to competition in markets with free access. The assessment of this situation shall be carried out exclusively within the meaning of Directive 2004 /17/EC and without prejudice to the application of the competition rules.

The Commission shall decide on the application within three months of the working day, as from the date mentioned above. This period shall expire on 11 December 2009.

The period may, if necessary, be extended by three months. A time extension is required for publication.

For the purposes of the second subparagraph of Article 30 (6) of Directive 2004 /17/EC, further applications involving postal services and other services in the form of postal services in Austria shall be submitted at a later date, but before the expiry of the period of application of the first application. the deadline opened, not considered as a new application, but processed within the framework of the first application. "

Mitterlehner