“In house” exception : The European Court of Justice specifies conditions to resort the “in house” exception and considers that an activity imposed by a public authority which is not a shareholder should not be taken into account to quantify the performance of the essential activity with public authorities are shareholders (Undis Servizi)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The EU Court of Justice specifies the conditions for using the "in house" exception. In this case, the municipality of Sulmona in Italy awarded the waste management service to the fully state-owned company Cogesa, which is owned by several municipalities. The municipality of Sulmona holds 200 shares in this company, i.e. 16.6% of the capital. Even though the contract between the company and the municipality was not signed, the municipalities holding the company concluded an agreement dated 30 October 2014 with a view to exercising joint control over the company similar to that which they exercise over their own services. At the same time, the Region of