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After Spezzino (Case-C-113/13): A Major Loophole Allowing Direct Awards in the Social Sector


Roberto Caranta

In Spezzino the Court of Justice green lighted direct award of social service contracts to not-for-profit organisations. It is submitted that in allowing direct award the judgment is unnecessarily stretching the thin EU internal market law, since social considerations would have been met by simply setting off contracts for those specific market operators. The judgment also imposes a line of reasoning which is inconsistent with the one followed in the meantime in Directive 2014/24/EU and will have an impact on the implementation of the new directive making it more difficult.

Turin University.


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