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Joined Cases C-266/17 and C 267/17: Judgment of the Court (Fourth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Rhein-Sieg-Kreis (C-266/17), Rhenus Veniro GmbH & Co. KG (C-267/17) v Verkehrsbetrieb Hüttebräucker GmbH, BVR Busverkehr Rheinland GmbH (C-266/17), Kreis Heinsberg (C-267/17) (Reference for a preliminary ruling — Transport — Public passenger transport services by rail and by road — Regulation (EC) No 1370/2007 — Article 5(1) and (2) — Direct award — Contracts for public passenger transport services by bus and tram — Conditions — Directive 2004/17/EC — Directive 2004/18/EC)
ECLI:EU:UNKNOWN:62017CA0266
62017CA0266
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Official Journal of the European Union
C 187/10
(Joined Cases C-266/17 and C 267/17) (*)
(Reference for a preliminary ruling - Transport - Public passenger transport services by rail and by road - Regulation (EC) No 1370/2007 - Article 5(1) and (2) - Direct award - Contracts for public passenger transport services by bus and tram - Conditions - Directive 2004/17/EC - Directive 2004/18/EC)
(2019/C 187/12)
Language of the case: German
Referring court
Parties to the main proceedings
(Case C-266/17)
Applicant: Rhein-Sieg-Kreis
Defendants: Verkehrsbetrieb Hüttebräucker GmbH, BVR Busverkehr Rheinland GmbH
Intervener: Regionalverkehr Köln GmbH (C-266/17)
Case (C-267/17)
Applicant: Rhenus Veniro GmbH & Co. KG
Defendant: Kreis Heinsberg
Intervener: WestVerkehr GmbH (C-267/17)
Operative part of the judgment
Article 5(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 does not apply to the direct award of contracts for public passenger transport services by bus which do not take the form of service concessions contracts for the purposes 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, energy, transport and postal services sectors 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 contracts and public service contracts
(*) Language of the case: German.