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The German Federal Court of Justice rules on rescue services being subject to the national public procurement regime (Saxon municipalities rescue services)

I. Background Several Saxon municipalities built up an alliance for efficient organization of public responsibilities. The alliance had the objective to provide rescue services in the public interest, comprehending mainly an emergency rescue system and a patient transport system, but also the setup of control centres. The alliance has legal personality as it can either fulfil its aforementioned responsibilities by itself or delegate them to another private entity entering a contract after a tender. In fact, many of the services mentioned are delegated to private undertakings in Germany. It is not an area of services typically fulfilled by the authorities themselves. In respect of the Saxon rescue services, specific regional law provides special rules for this kind of tender (Sec.

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  • Free University of Berlin

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Suzanne Wende, The German Federal Court of Justice rules on rescue services being subject to the national public procurement regime (Saxon municipalities rescue services), 1 December 2008, e-Competitions Bulletin December 2008, Art. N° 25779

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