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.
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.
Can a public sector pension provider be awarded a contract without there having been an advert or a tendering procedure? Background There is a clinic in the German spa town of Bad Reichenhall. It used to be in the public sector and run by the ‘VBG’, the VBG Verwaltungs-Berufsgenossenschaft.…
By judgment of 27 October 2016 (ECLI:EU:C:2016:821) the Court held that it has jurisdiction to interpret harmonised technical standards adopted under the Construction Products Directive — EN 13242 forms part of EU law for preliminary-ruling purposes —…
By judgment of 22 October 2015 (ECLI:EU:C:2015:721) the Court ruled, in the words of the operative part: “The fundamental rules and general principles of the FEU Treaty, in particular the principles of equal treatment and of non-discrimination and the…
By judgment of 11 December 2014 (ECLI:EU:C:2014:2435) the Court ruled, in the words of the operative part: “1) Articles 41(1), 43 and 45 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of…
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…
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…