CASE COMMENTS: PUBLIC PROCUREMENT - INSTITUTIONALIZED PUBLIC PRIVATE PARTNERSHIP (PPP-I) - SCOPE: SERVICE CONCESSION ATTRIBUTED WITHOUT TENDERING TO A PUBLIC PRIVATE COMPANY - CONDITIONS: COMPETITIVE SELECTION OF THE PRIVATE PARTTNER PRIOR TO THE ATTRIBUTION OF THE CONTRACT

Institutionalized public private partnership: The ECJ supports the institutionalized public private partnership as long as the private partner of the contracting authorities within the supplying entity is selected through competitive tendering prior to the attribution of a service concession (Acoset)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 15 October 2009, Acoset, Case C-196/08 A few years ago, Professor G. Eckert wondered about "the very sustainability of the semi-public economy in the contemporary context", particularly in view of the constraints imposed by Community law (G. Eckert, Les sociétés d'économie mixte, bilan et perspectives, RFDA, 2005, p. 959). This concern is perhaps no longer relevant: by allowing the direct award of a concession to a semi-public company if the private partner has been chosen in the context of a competitive tendering procedure, the Court of Justice is relaunching the formula of mixed capital companies, known as institutionalised public-private

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  • University Paris Nanterre

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Arnaud Sée, Institutionalized public private partnership: The ECJ supports the institutionalized public private partnership as long as the private partner of the contracting authorities within the supplying entity is selected through competitive tendering prior to the attribution of a service concession (Acoset), 15 October 2009, Concurrences N° 1-2010, Art. N° 30346, pp. 193-195

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