If the public task connected with the setting up of an IPPP falls within the scope of the Public Procurement Directives, or of sector-specific Community rules providing for public procurement obligations24, special requirements for publication must be complied with.25 With regard to other public contracts and to service concessions, the principles of transparency and equal treatment arising from the EC Treaty26 require potential bidders to have equal access to suitable information about the intent of a contracting entity to set up a public-private entity and to award it a public contract or a concession. Suitable information can best be guaranteed by publicising a notice that is sufficiently accessible to potentially interested parties before the private partner is selected.
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24 See for example Article 4 of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes, OJ. L 15 of 23.1.1993, p. 33.
25 See Articles 41 et seq of Directive 2004/17/EC and Articles 35, 36 and 58 of Directive 2004/18/EC.
26 Case C-324/98, Telaustria, ECR 2000, I-10745, paragraphs 60 and 61.