Keywords
Summary

Keywords

Approximation of laws – Procedure for the award of public service contracts – Directive 92/50 – Scope – Contracting authority with a holding, together with one or more private undertakings, in the capital of a company legally distinct from it – Contract concluded by the contracting authority with the company – Included – Specific circumstances – Failure to fulfil obligations

(Council Directive 92/50, Arts 8, 11(1), and 15(2))

Summary

A Member State which permits the award by a municipality of a public service contract for waste disposal to a company which is legally distinct from that municipality and 49% owned by a private undertaking without complying with the procedural and advertising rules laid down by Article 8, in conjunction with Articles 11(1) and 15(2), of Directive 92/50 relating to the coordination of procedures for the award of public service contracts, has failed to fulfil its obligations under that directive.

Where a contracting authority intends to conclude a contract for pecuniary interest relating to services within the material scope of Directive 92/50 with a company legally distinct from it, in whose capital it has a holding together with one or more private undertakings, the public award procedures laid down by that directive must always be applied.

(see paras 31, 46, 49-50, operative part)