CASE COMMENTS : PUBLIC SECTOR - FREEDOM OF SERVICES AND AUTONOMY IN COLLECTIVE BARGAINING - PUBLIC PROCUREMENT - PUBLIC PROCUREMENT CONTRACTS FOR SUPPLY OF SERVICES - SELECTION ACCORDING TO A COLLECTIVE AGREEMENT - COMPULSORY BIDDING PROCESS

Public contract - Pension funds: The ECJ rules that the pension funds in charge of managing optional supplementary pension for local civil servants should run the competitive bidding process set forth by the public procurement directives, although they have been chosen according to a social collective agreement (Germany)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. CJEU, 15 July 2010, Commission v. Germany, case C-271/08 Collective agreements are not excluded as a matter of principle from the scope of the free movement of services and the freedom to provide services. Only if the implementation of the procedures provided for in Directive 2004/18 is incompatible with the objective of improving the living and working conditions of employees will the application of the directives be excluded, as the ECJ stated in the commented judgment. The principle of the Union's lack of competence in social matters finds supporters among the defenders of social regimes set up by the welfare states, and opponents among federalists

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Bertrand du Marais, Antonin Gras, Public contract - Pension funds: The ECJ rules that the pension funds in charge of managing optional supplementary pension for local civil servants should run the competitive bidding process set forth by the public procurement directives, although they have been chosen according to a social collective agreement (Germany), 15 July 2010, Concurrences N° 4-2010, Art. N° 32998, pp. 224-226

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