Aa contracting authority to a legal person under private or public law does not fall within the scope of this Directive if all the following conditions are met a the contracting authority exercises over the legal person in question a control similar to that which it exercises over its own services b more than of the activities of the controlled legal entity are carried out in order to fulfill the duties entrusted to it by the contracting authority that controls it or by other legal entities controlled by that contracting authority and c there is no direct private participation in the capital of the controlled legal person except for nonmajority or nondecisive forms of private capital participation required by.
National legislative provisions in accordance with the treaties which do Country Email List not exercise a decisive influence on the controlled legal person. A contracting authority is considered to exercise over a legal person a control similar to that which it exercises over its own services within the meaning of letter a of the first paragraph when it exercises a decisive influence both on strategic objectives and on important decisions of the controlled legal entity. Such control may also be exercised by another legal person itself controlled in the same way by the contracting authority. Preliminary questions Article of Directive EC must be interpreted as meaning that a company which was established by.
A contracting authority engaged in activities in the field of rail transport namely the management of public rail infrastructure passenger and freight transport which independently engages in commercial activities establishes a commercial carrying out its activity product market customer segment etc. participates in a competitive market throughout the European Union and outside the Union market offering rolling stock manufacturing and repair services and participates in public procurement procedures related to this activity aiming to obtain orders from third parties not from the parent company which offers rolling.
發表於 2023-12-27 12:20:20
