4Article 10 of that directive, entitled ‘Specific exclusions for service contracts’, provides in points (c) and (d):‘This Directive shall not apply to public service contracts for:…(c) arbitration and conciliation services;(d) any of the following legal services:(i) legal representation of a client by a lawyer within the meaning of Article 1 of Council Directive 77/249/EEC [of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ 1977 L 78, p. 17)], in:– an arbitration or conciliation held in a Member State, a third country or before an international arbitration or conciliation instance; or– judicial proceedings before the courts, tribunals or public authorities of a Member State or a third country or before international courts, tribunals or institutions;(ii) legal advice given in preparation of any of the proceedings referred to in point (i) of this point or where there is a tangible indication and high probability that the matter to which the advice relates will become the subject of such proceedings, provided that the advice is given by a lawyer within the meaning of Article 1 of Directive [77/249];…(v) other legal services which in the Member State concerned are connected, even occasionally, with the exercise of official authority’.
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