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Document 61999CJ0223
Abstrakt rozsudku
Abstrakt rozsudku
Approximation of laws - Procedures for the award of public service contracts - Directive 92/50 - Contracting authorities - Body governed by public law - Meaning - Body which carries on activities relating to the organisation of fairs and exhibitions, which operates according to performance criteria and in a competitive environment - Exclusion
(Council Directive 92/50, Art. 1(b), second subpara.)
$$Under 1(b) of Directive 92/50 relating to the coordination of procedures for the award of public service contracts, a body governed by public law means a body established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character, with legal personality and closely dependent on the State, regional or local authorities or other bodies governed by public law.
The first condition is not met by a body whose object is to carry on activities relating to the organisation of fairs, exhibitions and other similar initiatives, which is non-profit-making but is administered according to the criteria of performance, efficiency and cost-effectiveness, and which operates in a competitive environment.
( see paras 25, 43 and operative part )