Abstrakt

The case law of the European Court of Justice After all, the phenomenon of public companies can be ascribed to those areas, where it is most evident that the functions performed by the European Court of Justice fulfill the role not only of resolving conflicts of interpretation in the implementation of European regulations, but also of coordinating the different levels of government and the responsibility of the European Union.7 The so-called ‘Teckal criteria’, elaborated by the case law of Luxembourg, in response to the general process of disintegration of the monolithic nature of both sources, both the power of interpretation of contemporary legal systems, and also with reference to the sector analyzed here, these criteria have contributed, in the absence of an in-house exemption statutory definition, to assign a meaning of “value” to the protection of competition, that permeate even the legal framework of each Member State and related competences. Specifically, according to the case law, the “in-house” arrangements include contracts entered between contracting authorities and private entities (a) over which the contracting authorities exercise a control similar to that which they exercise over their own departments, and(b) whose activity is carried out on an exclusive basis in favor of the same contracting authority.The new European Directives 2014 on in-house exemption The Directives 2014, as we will verify, cut the link between the Court of Justice and the Member States, and, regaining possession of the legitimate role of ‘producer’ of the valid rule for the sector in question, they offer an opportunity...