CELEX: 62014CA0269
Language: en
Date: 2015-05-21 00:00:00
Title: Case C-269/14: Judgment of the Court (Seventh Chamber) of 21 May 2015 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Kansaneläkelaitos (Reference for a preliminary ruling — Public procurement — Directive 2004/18/EC — Article 1(4) — Service concession — Definition — Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys)

20.7.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 236/18
            
         Judgment of the Court (Seventh Chamber) of 21 May 2015 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Proceedings brought by Kansaneläkelaitos
   (Case C-269/14) (1)
   
   ((Reference for a preliminary ruling - Public procurement - Directive 2004/18/EC - Article 1(4) - Service concession - Definition - Aggregation of contracts between a social security authority and taxi companies providing for an electronic scheme for direct reimbursement of transport costs of insured persons and a system of booking journeys))
   (2015/C 236/24)
   Language of the case: Finnish
   
      Referring court
   
   Korkein hallinto-oikeus
   
      Party to the main proceedings
   
   Kansaneläkelaitos
   
      Operative part of the judgment
   
   Article 1(4) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 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 an aggregation of contracts, such as that at issue in the main proceedings, may be considered to constitute a ‘service concession’, within the meaning of that provision, provided that the contracting authority has transferred the entirety of, or a significant share of, the risk which it bears in relation to the economic exploitation of the services; this being a matter which must be determined by the referring court taking into account all the inherent characteristics of the services covered by that aggregation of contracts.
   
      (1)  OJ C 261, 11.8.2014.