The EU Commission holds that services provided by a public authority in the exercise of its public duties are not economic in nature, even if market operators offer similar services (TenderNed)

Electronic procurement in the Netherlands* Services provided by a public authority in the exercise of its public duties are not economic in nature, even if market operators offer similar services. The decision analyse in depth the presence or not of economic activity and also respond to counter-arguments put forward by complainants. As will become clearer below, the existence of a market depends on the policy choices of each Member State. Moreover, the fact that a certain service is also provided by the market should not automatically lead to the conclusion that the service is economic in nature when the state decides to offer the service in the context of exercising its duties and carrying out its obligations to citizens. Commission decision SA.34646 concerned the electronic