Keywords
Summary

Keywords

Approximation of laws - Procedures for the award of public service contracts - Directive 92/50 - Service provider relying on the standing of another company as proof of its own standing - Conditions - Assessment by the national court

(Council Directive 92/50)

Summary

$$Directive 92/50 relating to the coordination of procedures for the award of public service contracts is to be interpreted as permitting a service provider to establish that it fulfils the economic, financial and technical criteria for participation in a tendering procedure for the award of a public service contract by relying on the standing of other entities, regardless of the legal nature of the links which it has with them, provided that it is able to show that it actually has at its disposal the resources of those entities which are necessary for performance of the contract. It is for the national court to assess, in the light of the evidence adduced to that effect, whether that has been shown.