The receipt of a state subsidy does not operate to disqualify an organisation from tendering for contracts in the public sector. The requirement was that tendering bodies should receive equal treatment, and detailed criteria were provided to ensure this. None of those criteria would exclude a body from tendering for this reason. Complications might arise however where the body would in effect receive state aid through guarantees which might affect the tender in question.
Europa Public service contracts – Directive 92/50/EEC – Procedure for the award of public procurement contracts – Equal treatment of tenderers – Discrimination on grounds of nationality – Freedom to provide services
Times 09-Jan-2001, C-94/99, [2000] EUECJ C-94/99
Bailii
European
Updated: 28 August 2021; Ref: scu.162625
