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Case C-15/13: Judgment of the Court (Fifth Chamber) of 8 May 2014 (request for a preliminary ruling from the Hanseatisches Oberlandesgericht Hamburg –Germany) — Technische Universität Hamburg-Harburg, Hochschul-Informations-System GmbH v Datenlotsen Informationssysteme GmbH (Public supply contracts — Directive 2004/18/EC — Award of a contract without initiating a tendering procedure — In-house award — Contractor legally separate from the contracting authority — Condition of ‘similar control’ — Contracting authority and contractor not linked by a relationship of control — Third party public authority exercising partial control over the contracting authority and control over the contractor which could be qualified as ‘similar’ — ‘Horizontal in-house transaction’ )
ECLI:EU:UNKNOWN:62013CA0015
62013CA0015
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Valentina R., lawyer
30.6.2014
Official Journal of the European Union
C 202/7
(Case C-15/13) (<span class="super">1</span>)
((Public supply contracts - Directive 2004/18/EC - Award of a contract without initiating a tendering procedure - In-house award - Contractor legally separate from the contracting authority - Condition of ‘similar control’ - Contracting authority and contractor not linked by a relationship of control - Third party public authority exercising partial control over the contracting authority and control over the contractor which could be qualified as ‘similar’ - ‘Horizontal in-house transaction’))
2014/C 202/08
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Technische Universität Hamburg-Harburg, Hochschul-Informations-System GmbH
Defendant: Datenlotsen Informationssysteme GmbH
Re:
Request for a preliminary ruling — Hanseatisches Oberlandesgericht Hamburg — Interpretation of the term ‘public contract’ in Article 1(2)(a) of 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 (OJ 2004 L 134, p. 114) — Possible inclusion of a contract between a company and a university subject to the control of the same public body, which is the public contracting authority within the meaning of the directive (horizontal in-house transaction) — Extent of the control of that public authority
Operative part of the judgment
Article 1(2)(a) of 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 must be interpreted as meaning that a contract for the supply of products concluded between (i) a university which is a contracting authority and whose purchases of products and services are controlled by a German Federal State, and (ii) an undertaking under private law, owned by the Federation and by Federal States, including the abovementioned Federal State, constitutes a public contract for the purposes of that provision, and must therefore be subject to the public procurement rules laid down in that directive.
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(<span class="super">1</span>) OJ C 114, 20.4.2013.