Monitoring References to the Court of Justice of the European Union
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4 case reports
Fourteen Skåne municipalities award contracts directly to a jointly owned company, relying on the in-house exception. That exception requires more than 80% of the company's activities to serve the owners. Sweden's competition authority says the company's sales to third parties on a competitive market should not count towards the 80%. The Supreme Administrative Court asks the Court.
By judgment of 8 December 2016 (ECLI:EU:C:2016:935) the Court ruled, in the words of the operative part: “1.
By judgment of 19 June 2014 (ECLI:EU:C:2014:2004) the Court held that the in-house (Teckal) exception fails where the awardee, though performing public-interest tasks, counts private charitable interests among its members: the contracting authority then…
By judgment of 8 May 2014 (ECLI:EU:C:2014:303) the Court refused to extend the in-house exception to "horizontal" awards: a contract between Hamburg University and HIS — both controlled to differing degrees by the city — required tendering, because the…