1. In the case of contracts intended to cover several activities, contracting entities may choose to award separate contracts for the purposes of each separate activity or to award a single contract. Where contracting entities choose to award separate contracts for separate parts, the decision of which legal regime applies to any one of such separate contracts shall be taken on the basis of the characteristics of the separate activity concerned.
Notwithstanding Article 21, where contracting entities choose to award a single contract, paragraph 2 of this Article shall apply.
The choice between awarding a single contract or awarding a number of separate contracts shall not, however, be made with the objective of excluding the contract or contracts from the scope of application either of this Directive or Directive 2009/81/EC.
2. In the case of contracts intended to cover an activity which is subject to this Directive and another which is:
(a) covered by Article 346 TFEU; or
(b) subject t
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