Source: All England Reporter
Publisher Citation: [2004] All ER (D) 246 (Jul)
Court: Court of Justice of the European Communities

Judges Timmermans (Rapporteur), (President of the Fourth Chamber, acting for the President of the Fifth Chamber), Edward, Jann, von Bahr and Rosas

Judgment Dates: 22 May 2003


European Communities - Undertakings - Public service contracts - Reference from national court - Preliminary ruling - Meaning of 'contracting authority' - Meaning of 'governed by public law' - Council Directive (EEC) 92/50, art 1(b).

The Case

The European Court of Justice ruled that a limited company established, owned and managed by a regional or local authority met a need in the general interest, within the meaning of the second sub-paragraph of art1(b) of Council Directive (EEC) 92-50-EEC of 18 June 1992 (relating to the co-ordination of procedures for the award of public service contracts), where it acquired services with a view to promoting the development of industrial or commercial activities on the territory of that regional or local authority. The fact that the premises to be constructed were leased only to a single undertaking was not capable of calling into question the lessor's status of a body governed by public law, where it was shown that the lessor met a need in the general interest not having an industrial or commercial character.

Practice Areas

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