This paper analyses potential implications the Spezzino case (C-113/13) may have for third sector organisations’ participation in public procurement. This decision by the Court of Justice of the EU (CJEU) constitutes a major derogation to the principles of freedom of establishment (Article 49 Treaty on the Functioning of the European Union) and services (Article 56 Treaty on the Functioning of the European Union).
The paper argues that the scope of impact on third sector organisations’ participation in public procurement is smaller than originally anticipated. The exception created by Spezzino applies to contracts that are only subject to primary EU law, but not contracts covered by either Directive 2004/18/EC or Directive 2014/24/EU. Furthermore, the exception grounds are to be interpreted restrictively. It is thus arguable that the exception applies only to emergency ambulance service contracts excluded from Directive 2014/24/EU and urgent ambulance service contracts with a value of €750,000 or less and with cross-border interest.