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Order of the Court (Seventh Chamber) of 10 April 2008.#Termoraggi SpA v Comune di Monza.#Reference for a preliminary ruling: Tribunale amministrativo regionale per la Lombardia - Italy.#Public procurement - Public service and public supply contracts - Award without call for tenders - Award by a local authority to an undertaking whose capital it controls.#Case C-323/07.
ECLI:EU:C:2008:219
62007CO0323
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(Case C‑323/07)
Public procurement – Public service and public supply contracts – Award without call for tenders – Award by a local authority to an undertaking whose capital it controls
Re:
Reference for a preliminary ruling – Tribunale Amministrativo Regionale per la Lombardia – Interpretation of Article 6 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209, p. 1) – Scope – National provisions attributing, outside of the procedures for the award of public works contracts laid down in the directive, the management of heating installations of certain buildings in a commune to a municipal undertaking.
Operative part
Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award of public service contracts and Council Directive 93/36/EEC of 14 June 1993 coordinating procedures for the award of public supply contracts do not apply to a contract concluded between a local authority and a person legally distinct from it, where the local authority exercises over the person concerned a control which is similar to that which it exercises over its own departments and, at the same time, that person carries out the essential part of its activities with the controlling local authority or authorities.
Article 6 of Directive 92/50 is applicable only if there are laws, regulations or administrative provisions which have been published and which grant the beneficiary an exclusive right concerning the subject‑matter of the contract awarded.