Opinion of the Advocate General — ECLI:EU:C:2001:65
Date: 2001-01-30
Language of the case: Italian
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 — Contracting authorities — Body governed by public law — 
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SUMMARY — JOINED CASES C-223/99 AND C-260/99 
Meaning — Body which carries on activities relating to the organisation of fairs and 
exhibitions, which operates according to performance criteria and in a competitive 
environment — Exclusion 
(Council Directive 921 SO, Art. 1 (b), second subpara.) 
Under 1(b) of Directive 92/50 relating to 
the coordination of procedures for the 
award of public service contracts, a body 
governed by public law means a body 
established for the specific purpose of 
meeting needs in the general interest, not 
having an industrial or commercial char­
acter, with legal personality and closely 
dependent on the State, regional or local 
authorities or other bodies governed by 
public law. 
The first condition is not met by a body 
whose object is to carry on activities 
relating to the organisation of fairs, exhibi­
tions and other similar initiatives, which is 
non-profit-making but is administered 
according to the criteria of performance, 
efficiency and cost-effectiveness, and which 
operates in a competitive environment. 
(see paras 25, 43 and operative part) 
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