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In-brief: Court examines Teckal exemption and third parties in practice (Undis Servizi Srl v Comune di Sulmona and another)

In-brief: Court examines Teckal exemption and third parties in practice (Undis Servizi Srl v Comune di Sulmona and another)
Published on: 13 December 2016
Published by: LexisPSL
  • In-brief: Court examines Teckal exemption and third parties in practice (Undis Servizi Srl v Comune di Sulmona and another)
  • Original news
  • What should public procurement lawyers take note of?
  • What was this case about?
  • What did the court decide?

Article summary

Public Law analysis: When awarding a public contract ‘in-house’, applying the Teckal exemption criterion of whether the contractor carries out essential parts of its activities for a controlling contracting authority, an activity imposed on the contractor by a non-shareholder contracting authority, for the benefit of other non-controlling local authorities, is a third party activity and should not be taken into account. But in the case of several joint-controlling local authorities, account can be taken of activities carried out by a contractor for those authorities before such joint control took effect. Joseph Dalby, barrister at 4–5 Gray’s Inn Square, considers the case of Undis Servizi Srl v Comune di Sulmona and another. or take a trial to read the full analysis.

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