The EU General Court confirms that the Netherlands is not breaching State aid rules by funding an in-house e-procurement platform (Aanbestedingskalender)

Funding of in-house entities, CPBs and risks of state aid, some thoughts re Aanbestedingskalender (T-138/15)* In its Judgment of 28 September 2017, Aanbestedingskalender & Others v Commission, T-138/15, EU:T:2017:675, the General Court (GC) rejected a complaint against a previous Commission decision (SA.34646) that the Netherlands had not breached EU State aid rules by funding TenderNed—an in-house e-procurement platform run by PIANOo, the tendering expertise centre for the Dutch government. The complaint derived from the fact that, prior to the creation of TenderNed, private providers of e-procurement services had been offering their services to Dutch contracting authorities. The creation of TenderNed and the offering of services free of charge to contracting authorities by this

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Albert Sánchez Graells, The EU General Court confirms that the Netherlands is not breaching State aid rules by funding an in-house e-procurement platform (Aanbestedingskalender), 28 September 2017, e-Competitions State aid & Public procurement, Art. N° 88456

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