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‘Who’s Afraid to Cooperate?’: CJEU Adopts Strict View on Non-Institutionalised Cooperation

Annotation of the Judgment of the Court of Justice of the European Union (Fourth Chamber) of 28 May 2020 in Case C-796/18 Informatikgesellschaft für Software-Entwicklung (ISE) mbH v Stadt Cologne and of the Judgment of the Court (Ninth Chamber) of 4 June 2020 in Case C-429/19 Remondis GmbH v Abfallzweckverband Rhein-Mosel-Eifel

Stéphanie De Somer, Laura Hofströssler


Keywords: non-institutionalised cooperation, horizontal cooperation, in-house, exemptions from EU public procurement law

Over the past twenty years, the Court of Justice of the European Union rendered multiple judgments on the subject of exemptions from public procurement law. This case law has been consolidated in the current Public Procurement Directive. The cases examined in the present annotation offered the Court a first opportunity to further clarify the non-institutionalised cooperation exemption in light of this Directive. The Court has seized this occasion to emphasise its strict position on exempted non-institutionalised cooperation once again.

Stéphanie De Somer is an assistant professor at the Vrije Universiteit Brussel (VUB), Vakgroep Publiekrecht, and the Universiteit Antwerpen, was a postdoctoral researcher at the FWO Flanders until 30 September 2020 and is Of Counsel at Van Olmen & Wynant (Brussels). Laura Hofströssler is a Master of Laws student at the Free University of Brussels. For correspondence: <>.


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