Overheidsinkoop: overtredingen Italië (en)
The European Commission has decided to refer Italy to the European Court of Justice over the procurement of waste management services by the city of Contigliano.
The case concerns the direct award of waste management services by the Municipality of Contigliano in Lazio to a public-owned limited liability company, namely A.M.A. Servizi S.r.l., of which the town of Contigliano owns 0,5% of the capital. Italy maintains that the award of this contract of services to A.M.A. Servizi S.r.l., by the Municipality of Contigliano, is excluded from the application of EC public procurement rules since A.M.A. Servizi is an "in-house" structure of the awarding entity as set out in the case-law of the European Court of Justice.
The Commission considers that the conditions required by the ECJ case-law for the application of the "in-house" exception are not met in this case. First of all, the powers entrusted to the Municipality of Contigliano as a minority owner are insufficient to confer on the latter a control which is similar to the one exercised over its own departments. Secondly, the undertaking is active in the market and it carries out a significant part of its activities with parties other than its controlling entities.
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