CASE COMMENT: PUBLIC SECTOR - PROCÉDURE PRÉALABLE DE MISE EN CONCURRENCE OBLIGATOIRE - ADMINISTRATIVE/PUBLIC CONTRACTS

Administrative/Public Contracts: The ECJ states that a "SEM" with a private partner can not benefit of the "in house" procedure (Stadt Halle)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 11 January 2005, Stadt Halle, case C-26/03 The judgment provides useful clarifications on a controversial and very sensitive issue, particularly in France, Germany and Belgium, where the "mixed economy" is very widespread: under what conditions can the services of a semi-public company (SPC) provided to the public authority which is a shareholder be exempted from the obligations of prior competition laid down by the Directives coordinating public procurement procedures? In other words, can the services provided by the SPCs to their supervisory authority be described as "in house"? According to Community case-law, now incorporated into national law,

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Bertrand du Marais, Administrative/Public Contracts: The ECJ states that a "SEM" with a private partner can not benefit of the "in house" procedure (Stadt Halle), 11 January 2005, Concurrences N° 2-2005, Art. N° 1190, pp. 143-144

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