Opinion of the Advocate General — ECLI:EU:C:2000:577
Date: 2000-10-19
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Approximation of laws;Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: France

Summary of the Judgment 
Approximation of laws — Procedures for the award of public works contracts — 
Directive 93/37 — Contracting authorities — Body governed by public law — Defini­
tion — Low-rent housing corporations — Included — Conditions 
(Council Directive 93/37, Art. 1(b)) 
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SUMMARY — CASE C-237/99 
Under Article 1(b), second subparagraph, 
of Directive 93/37 concerning the coordi­
nation of procedures for the award of 
public works 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 character, which has legal per­
sonality and is closely dependent on the 
State, regional or local authorities or other 
bodies governed by public law. With regard 
to that third condition characterising a 
body governed by public law, contained in 
the third indent of the second subparagraph 
of Article 1(b) of the Directive, since man­
agement supervision constitutes one of the 
three criteria referred to in that provision, it 
must give rise to dependence on the public 
authorities equivalent to that which exists 
where one of the other alternative criteria is 
fulfilled, namely where the body in ques­
tion is financed, for the most part, by the 
public authorities or where the latter 
appoint more than half of the members of 
the managerial organs of the body. 
Consequently, low-rent housing corpora­
tions which meet needs in the general 
interest, not having an industrial or com­
mercial character, which have legal person­
ality and whose management is subject to 
supervision by the public authorities which 
allows the latter to influence their decisions 
in relation to public contracts, fulfil the 
three cumulative conditions which charac­
terise a body governed by public law within 
the meaning of Directive 93/37 and are 
contracting authorities. 
(see paras 39-40, 44, 49, 59-60) 
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