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Case C-292/15: Judgment of the Court (Fourth Chamber) of 27 October 2016 (request for a preliminary ruling from the Vergabekammer Südbayern — Germany) — Hörmann Reisen GmbH v Stadt Augsburg, Landkreis Augsburg (Reference for a preliminary ruling — Public procurement — Public passenger transport services by bus — Regulation (EC) No 1370/2007 — Article 4(7) — Subcontracting — Requirement that the operator perform a major part of the public passenger transport services itself — Scope — Article 5(1) — Contract-award procedure — Award of the contract in accordance with Directive 2004/18/EC)
ECLI:EU:UNKNOWN:62015CA0292
62015CA0292
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Official Journal of the European Union
C 6/20
(Case C-292/15) (<a id="ntc1-C_2017006EN.01002001-E0001" href="#ntr1-C_2017006EN.01002001-E0001"> (<span class="super note-tag">1</span>)</a>
((Reference for a preliminary ruling - Public procurement - Public passenger transport services by bus - Regulation (EC) No 1370/2007 - Article 4(7) - Subcontracting - Requirement that the operator perform a major part of the public passenger transport services itself - Scope - Article 5(1) - Contract-award procedure - Award of the contract in accordance with Directive 2004/18/EC))
(2017/C 006/24)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Hörmann Reisen GmbH
Defendant: Stadt Augsburg, Landkreis Augsburg
Operative part of the judgment
1.Article 5(1) 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 and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 must be interpreted as meaning that, in a contract award procedure for public passenger transport services by bus, Article 4(7) of that regulation remains applicable to that contract;
2.Article 4(7) of Regulation No 1370/2007 must be interpreted as meaning that it does not preclude the contracting authority from setting at 70 % the proportion of self-provision by the operator responsible for the administration and performance of a contract for public passenger transport by bus, such as that at issue in the main proceedings.
(<a id="ntr1-C_2017006EN.01002001-E0001" href="#ntc1-C_2017006EN.01002001-E0001">(<span class="super">1</span>)</a> OJ C 294, 7.9.2015).