Official Journal of the European Union

C series

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C/2025/1748

31.3.2025

(Case C-11/25, Jelgavas valstspilsētas pašvaldība)

(C/2025/1748)

Language of the case: Latvian

Referring court

Parties to the main proceedings

Appellant on a point of law and applicant at first instance: Jelgavas valstspilsētas pašvaldība

Other party in the appeal on a point of law and defendant at first instance: Konkurences padome

Questions referred

Must Article 102 of the Treaty on the Functioning of the European Union be interpreted as meaning that, in view of the circumstances of the case, the scope of that provision includes a decision made by a subsidiary legal person under public law about how waste management in a municipal area is organised, which, in the present case, consisted of the decision to organise the provision of services through an in-house procedure, awarding the right to provide those services to a company partially owned by a city council?

In particular, can a city council be considered as acting as a market operator or undertaking within the meaning of Article 102 of the Treaty on the Functioning of the European Union when it takes a decision to organise the provision of municipal waste management services by awarding, through an in-house procedure, the right to provide those services to a company that is partially owned by that city council?

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ELI: http://data.europa.eu/eli/C/2025/1748/oj

ISSN 1977-091X (electronic edition)

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