Micaela Lottini, Michele Giannino

European Procurement & Public Private Partnership Law Review, Volume 4 (2009), Issue 4, Page 12

When Inter-Municipal Cooperation Meets EU Internal Market Law I. Introduction 1. Major legal issues with inter-municipal cooperation under EU law National administrative laws of Member States1 allow public authorities to conclude cooperation agreements between one another in order to discharge their public functions. Public authorities, especially at a local level, tend to rely on intermunicipal cooperation agreements as a cost-effective option f

Micaela Lottini

European Procurement & Public Private Partnership Law Review, Volume 3 (2008), Issue 2, Page 6

I. Introduction The European Commission has recently issued an “interpretative Communication on the application of EC law on Public Procurement and Concessions to Institutionalised Public-Private Partnerships (IPPP)”.1 The purpose of the Communication is to illustrate how public authorities (hereafter PAs) can set up, jointly with a private partner, an entity (mixed-company) to which they may award a public contract, without infringing the relevant EC

Micaela Lottini

European Procurement & Public Private Partnership Law Review, Volume 2 (2007), Issue 3, Page 6

Mixed (semi-public) companies and the provision of “public services” I. Introduction With its Opinion n. 456 of 18 April 2007, the Italian Council of State (thereafter CoS) makes it clear that the creation of a mixed company, to which a public service contract is awarded without a tendering procedure, does not always infringe EU law, when the private member of the company is selected through a public tender. In the exercise of its advisory powers to t