Keywords
Summary

Keywords

Approximation of laws - Procedures for the award of public supply contracts - Directive 93/36 - Article 2(2) - Independent in scope from Directive 92/50 - Where the contracting authority grants to a body other than such an authority the right to engage in a public service - Obligatory to require compliance with the principle of non-discrimination - No obligation to require compliance with tendering procedures

(Council Directives 92/50 and 93/36, Art. 2(2))

Summary

$$Article 2(2) of Directive 93/36 coordinating procedures for the award of public supply contracts - which is independent in scope from the provisions of Directive 92/50 relating to the coordination of procedures for the award of public service contracts - is to be interpreted as follows:

- it requires a contracting authority which grants to a body other than such a contracting authority special or exclusive rights to engage in a public service activity to require of that body, in relation to the public supply contracts which it awards to third parties in the context of that activity, that it comply with the principle of non-discrimination on grounds of nationality;

- it does not, however, require in those circumstances that the contracting authority demand that, in awarding such public supply contracts, the body in question comply with the tendering procedures laid down by Directive 93/36.