TITLE

In-House Contracts and Inter-Municipal Cooperation – Exceptions from the European Union Procurement Law Should be Applied with Caution

AUTHOR(S)
Ludwig Hausmann, Friedrich; Queisner, Georg
PUB. DATE
September 2013
SOURCE
European Procurement & Public Private Partnership Law Review;2013, Vol. 8 Issue 3, p231
SOURCE TYPE
Periodical
DOC. TYPE
Article
ABSTRACT
The European Union has drawn up rules for the award of public contracts exceeding a certain value, in order to guarantee that public procurement be open to competition and to avoid market distortion.1 As a principle, contracting authorities have to put out public contracts to tender. An exception to this principle applies where a contracting authority does not purchase from a market but receives services from another public entity within the State organisation (public-public cooperation). The ECJ case law shows that contracting authorities tend to stretch this exception. However, the latest ECJ judgments illustrate once again that the scope for this exception has to be interpreted rather strictly.
ACCESSION #
90494943

 

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