Abstract

The admissibility of awarding a contract without competitive procedures to the contracting authority’s own entities (in-house entities) upon meeting certain conditions significantly affects the municipality’s freedom to perform its own tasks and its independence. The judgment under review is a contribution to a new, restrictive interpretation of the in-house regulations, assuming the need for the contractor to independently perform an activity included in the statutory threshold of 90%. This requirement, which is not strongly supported by legislation and case law, may significantly hinder the application of in-house regulations by ordering parties to perform tasks with the help of their own legal entities.