Facts of the case 1. On 31 October 2007, the City-Region (Stadsregio ) of Rotterdam, regrouping several local authorities in the Rotterdam region, has suspended an EU-wide public tender procedure. It did so in order to anticipate a forthcoming amendment of the Dutch regulatory framework for public transport services, which would make it possible for the City-Region of Rotterdam to award a public transport concession to RET N.V. (RET ), a 100% subsidiary of the City-Region of Amsterdam. On 17 March 2008, the City-Region of Rotterdam expressed its intention to award a concession for public bus transport to RET . It also set out the principles for this ‘in house' award. RET filed an execution plan in compliance with these principles on 16 May 2008. The City-Region of Rotterdam, the
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