Opinion of the Advocate General — ECLI:EU:C:1999:447
Date: 1999-09-23
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Approximation of laws — Procedures for the award of public service contracts — 
Directive 92/50 — Service provider relying on the standing of another company as proof 
of its own standing — Conditions — Assessment by the national court 
(Council Directive 92/50) 
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SUMMARY — CASE C-176/98 
Directive 92/50 relating to the coordination 
of procedures for the award of public 
service contracts is to be interpreted as 
permitting a service provider to establish 
that it fulfils the economic, financial and 
technical criteria for participation in a 
tendering procedure for the award of a 
public service contract by relying on the 
standing of other entities, regardless of the 
legal nature of the links which it has with 
them, provided that it is able to show that it 
actually has at its disposal the resources of 
those entities which are necessary for 
performance of the contract. It is for the 
national court to assess, in the light of the 
evidence adduced to that effect, whether 
that has been shown. 
I - 8608