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Case C-574/12: Judgment of the Court (Fifth Chamber) of 19 June 2014 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Centro Hospitalar de Setúbal EPE, Serviço de Utilização Comum dos Hospitais (SUCH) v Eurest Portugal — Sociedade Europeia de Restaurantes Lda (Request for a preliminary ruling — Public service contracts — Directive 2004/18/EC — Award of the contract without a procurement procedure (in-house award) — Contractor legally separate from the awarding authority — Centre for hospital assistance and support services — Non-profit association operating in the public interest — Majority of the partners made up of awarding authorities — Minority of the partners made up of entities under private law, non-profit charitable associations — Activity carried out of at least 80 % of the annual turnover for the partners’ benefit)
ECLI:EU:UNKNOWN:62012CA0574
62012CA0574
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25.8.2014
Official Journal of the European Union
C 282/8
(Case C-574/12) (<span class="super">1</span>)
((Request for a preliminary ruling - Public service contracts - Directive 2004/18/EC - Award of the contract without a procurement procedure (in-house award) - Contractor legally separate from the awarding authority - Centre for hospital assistance and support services - Non-profit association operating in the public interest - Majority of the partners made up of awarding authorities - Minority of the partners made up of entities under private law, non-profit charitable associations - Activity carried out of at least 80 % of the annual turnover for the partners’ benefit))
2014/C 282/10
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicants: Centro Hospitalar de Setúbal EPE, Serviço de Utilização Comum dos Hospitais (SUCH)
Defendant: Eurest Portugal — Sociedade Europeia de Restaurantes Lda
Operative part of the judgment
Where the contractor under a public contract is a non-profit association which, at the time of the award of the contract, has as partners not only public sector entities but also private social solidarity institutions carrying out non-profit activities, the requirement for ‘similar control’, established by the case-law of the Court in order that the award of a public contract may be regarded as an in-house operation, is not met, so that 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 applies.
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Language of the case: Portuguese.
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(<span class="super">1</span>) OJ C 79, 16.3.2013.