ECJ (Freedom of Establishment) Reference for a preliminary ruling – Admissibility Article 86(1) EC – No independent effect – Factors permitting material which enables the Court to give a useful answer to the questions referred Directives 92/50/EEC, 93/36/EEC and 93/37/EEC National legislation enabling a public undertaking to perform operations on the direct instructions of the public authorities without being subject to the general rules for the award of public procurement contracts Internal management structure Conditions. The public authority must exercise over a distinct entity a control similar to that which it exercises over its own departments The distinct entity must carry out the essential part of its activities with the public authority or authorities which control it.
Citations:
[2007] EUECJ C-295/05
Links:
Jurisdiction:
European
Cited by:
Cited – Brent London Borough Council and Others v Risk Management Partners Ltd SC 9-Feb-2011
The council had put out to tender its insurance requirements. The respondent submitted its bid. The council then withdrew the tender in order to take up membership of a mutual company providing such services created by local authorities in London. . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 11 July 2022; Ref: scu.251859