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Keyword: subcontracting

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The search returned 3 results.

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

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

Subcontracting Limitation as Expressed by Italian Legislation of Public Contracts Does Not Comply with European Law journal article

Judgment of the Court of Justice of the European Union (Fifth Chamber) of 26 September 2019 in Case 63/18 Vitali SpA v Autostrade per l’Italia SpA

Michele Cozzio, Edoardo Tozzo

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 174 - 178

The directions provided by the Court are clear in considering that the limit on subcontracting imposed by Italian legislation is precluded by Directive 2014/24/EU. The percentage limit fixed in general and abstract terms goes beyond what was necessary to achieve its objective specially in relation to combat organised crime and may make it more difficult for the SMEs to access public contracts.

Tenderers May Be Excluded, If the Grounds for Exclusion Are Applicable to Their Subcontractors journal article

Annotation on the Judgment of the Court of Justice of the European Union (Second Chamber) of 30 January 2020 in Case C-395/18 Tim SpA - Direzione e coordinamento Vivendi SA v Consip SpA and Ministero dell'Economia e delle Finanze

Zbigniew Raczkiewicz

European Procurement & Public Private Partnership Law Review, Volume 15 (2020), Issue 2, Page 179 - 181

In January 2020 the Court of Justice of the European Union delivered its judgment in Case C-395/18. The Court said that the public procurement regime of the European Union does not preclude exclusion of a tenderer, if the ground for exclusion is applicable to one from its subcontractors. However, such exclusion shall not be automatic.

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