Opinion of the Advocate General — ECLI:EU:C:2014:120
Date: 2014-02-27
Language of the case: Portuguese
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Portugal

Summary — Judgment of the Court (Fifth Chamber), 19 June 2014 Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Scope — Contract awarded to a non-profit association having partners which are private social solidarity institutions carrying out non-profit activities — Included (European Parliament and Council Directive 2004/18) Where the contractor under a public contract is a non-profit association which, at the time of the award of the contract, has as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for similar control in order for an award of a public contract to be regarded as an in-house operation, is not met, with the result that Directive 2004/18 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts applies. The fact that the participation of private partners in the contractor is merely as a minority is not sufficient to call those conclusions into question. Furthermore, the fact that the contractor is an association governed by private law and that it is non-profit is irrelevant as regards the application of the rules of EU law on public contracts and, in consequence, as regards the exception for in-house operations. Such a fact does not preclude the contractor in question from carrying out an economic activity. (see paras 33, 42, 44, operative part)