EU public procurement law regulates the awarding of lucrative contracts offered by public bodies. A decade ago, the CJEU created an exception to EU procurement law for ‘in-house’ procurement. As formulated in Case C-107/98, Teckal the scope of the exception was rather vague, however. The CJEU has recently been refining the scope of the exception. In this reference, the issue is whether the exception applies when the contractee is an organisation whose members include private charitable institutions.