The EU Court of Justice Advocate General Jääskinen postulates that the prohibition of reliance on the capacities of more than one auxiliary undertaking in order to fulfil the selection criteria is precluded by EU public procurement law (Mannocchi Luigino)

With a little help from my friends: A flexible and competition-oriented interpretation of rules on reliance on third party capabilities in public procurement (Opinion in C-94/12)* (This is an extended version of the comment previously posted on Albert's personal blog). According to the current rules on public procurement (mainly, Directive 2004/18) undertakings interested in tendering for a given contract may be subjected to certain personal, financial, professional and technical selection requirements. In order to ensure maximum possible participation in a given tender, the rules in articles 47(2) and 48(3) of Directive 2004/18 expressly indicate that ‘An economic operator may, where appropriate and for a particular contract, rely on the capacities of other entities, regardless of the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.