EU Law Radar

Monitoring References to the Court of Justice of the European Union

Tag

procurement

14 case reports

Case C-843/26, Ies and Atlas Aerospace – who may build Europe's weapons with Europe's loans?

The EU's €150 billion SAFE defence-loan instrument excludes contractors controlled by third countries — unless they have passed foreign-investment screening. In an Italian Ministry of Defence tender, a bidder relied on a firm holding a screening authorisation from another Member State. The first two references on SAFE ask whether the exclusion reaches companies a bidder merely relies on, and whether another Member State's clearance binds the buyer.

Case C-672/26, Konkurrensverket – when the in-house company sells to everyone else

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.

Case C-427/13, Emmeci – transparent procurement in an Italian blackout?

Electronic auctions can be used to award contracts in the water, energy, transport and postal sectors of the economy. These auctions are governed by an EU Directive that stipulates contracting entities must simultaneously communicate information to all tenderers so that the tenderers can ascertain…