Opinion of the Advocate General — ECLI:EU:C:2014:23
Date: 2014-01-23
Language of the case: German
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary — Judgment of the Court (Fifth Chamber), 8 May 2014 Approximation of laws — Procedure for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Scope — Contracts awarded by a contracting authority to an entity partly owned by a third party public authority exercising partial control over the contracting authority, albeit legally distinct from the latter — Included (European Parliament and Council Directive 2004/18, Art. 1(2)(a)) Article 1(2)(a) of Directive 2004/18 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts must be interpreted as meaning that a contract for the supply of products concluded between (i) a university which is a contracting authority and whose purchases of products and services are controlled by a German Federal State, and (ii) an undertaking under private law, owned by the Federation and by Federal States, including the abovementioned Federal State, constitutes a public contract for the purposes of that provision, and must therefore be subject to the public procurement rules laid down in that directive. (see para. 36, operative part)