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Proving Compliance with the Condition of Economic Dependence in In-House Contracts

Aleksandra Sołtysińska


Keywords: in-house contract, in-house procurement, subcontracting

The concept of in-house procurement respects the discretion of the Member States regarding the provision of public services and allows for purchasing and contracting services outside the competitive market. Contracting authorities may award an in-house contract to a controlled legal person if they demonstrate that the conditions of organisational and economic dependence have been met. This article analyses the condition of economic dependence and ways to prove that it has been satisfied. Numerous questions regarding the legal forms of entrusting tasks to a controlled legal person, the means of performance of such tasks in the context of admissibility of subcontracting, the methods of calculating revenue derived from the performance of tasks entrusted by the contracting authority and permissible forms of financing a controlled legal person arise in practice and jurisprudence. In view of the above, this publication is an attempt to clarify doubts.
Keywords: in-house contract; in-house procurement; subcontracting

Aleksandra Sołtysińska, judge and lecturer in European Law at the Jagiellonian University of Kraków.


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