Prawo Zamówień Publicznych

no. 3/2020

On the problems of the legal status of a public procurement contractor. Commentary to the judgment of the Court of Justice of 11 June 2020, case No C-219/19

Żaneta Urbaniak
absolwentka Wydziału Prawa i Administracji Uniwersytetu Łódzkiego, adwokat
Abstract

The provisions of Articles 19(1) and 80(2) of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC, in light of Recital 14 in the preamble to that directive, must be interpreted as an objection against national legislation that excludes the possibility for entities established on a non-profit basis to compete for the award of a public procurement contract for engineering and architectural services, whereas those entities are entitled, under national law, to offer the services covered by a public procurement contract.