The Supreme Administrative Court of Portugal delivers judgement on the application of State aid in public tender process (Cruz Vermelha Portuguesa)

Background & facts of the case The issue regarding the present case first arouse after a decision of the Board of Directors of the Hospital of Oliveira de Azeméis, which had awarded the Portuguese Red Cross (“Cruz Vermelha Portuguesa” or “CVP”) with the public contract for patient transport services during 2002. The price offer made by CVP was supposed to have benefited from the fact that CVP, in its current activity, would have access to public funding in accordance with Article 11(1) of Decree-Law 371/93, of 29 October (“Decree Law 371/93”). At the time, Decree-Law 371/93 regulated competition rules at the national level. In particular, Article 11(1) provided that “Aid to undertakings, granted by the State or by any other public

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Authors

  • Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
  • Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)

Quotation

Carlos Botelho Moniz, Eduardo Maia Cadete, The Supreme Administrative Court of Portugal delivers judgement on the application of State aid in public tender process (Cruz Vermelha Portuguesa), 10 October 2002, e-Competitions October 2002, Art. N° 106976

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