Aleksandra Sołtysińska

European Procurement & Public Private Partnership Law Review, Volume 17 (2022), Issue 3, Page 158 - 167

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

Stéphanie De Somer, Laura Hofströssler

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 3, Page 242 - 251

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.

Wojciech Hartung, Katarzyna Kuźma

European Procurement & Public Private Partnership Law Review, Volume 13 (2018), Issue 3, Page 171 - 183

This article discusses the issue of in-house procurement under Polish regulations and how they are applied by local authorities. The authors focus on special conditions in national provisions additional to those provided for in Directive 2014/24/EU. The Polish legislator allows the award of public contracts in a negotiated procedure without publication (single source procurement) among other differences. Polish regulations provide for the performance of local authority tasks via local authority acts. The authors analyse the relationship between public procurement and competition law with regard to the position of local authorities as entities playing a key role in organising public services markets; in Poland, local authorities, including municipalities, have the status of ‘undertaking’ when organising the performance of public services. What has been observed on the market is the tendency for municipal companies to use the privilege created for them in in-house procurement regulations to encroach on a market that is not related to the tasks of their owner and compete with private operators. EU law sets some limits on in-house procurement but does not in itself guarantee uniform application of this modality, leaving a great deal of freedom to Member States. Keywords: Self-governance; In-house procurement; Competition principles; National regulations.