This document summarizes the key EU rules and principles governing public procurement contracts between contracting authorities. It notes that EU Treaties, Directives and national legislation provide the framework. The general obligation is that when a contracting authority needs goods, services or works, it must put the contract out to open competition according to EU Directives. Two exceptions established in EU case law are the Teckal case, which allows contracting without competition between entities under similar control, and the Hamburg Chamber case, which allows contracts solely between public authorities that do not involve private parties or affect future contracts. Subsequent case law has further clarified the exceptions. There are five criteria for allowed cooperation without competition between public bodies regarding public tasks. Some interesting questions are raised

1. Public Contracts
between
Contracting Authorities
Andrea Sundstrand, Faculty of Law, Stockholm University

2. Rules coverning
procurement in the EU
• EU Treaties
• EU principles
• EU Directives
• National legislations

3. General obligation
When a contracting authority needs to
obtain goods, services or works, it
needs to put the contract out for
competition through a public
procurement in accordance with the
rules of the EU Directives.

4. Two exeptions i EU case Law
• C-107/98 the Teckal case –
Where the local authority exercises over a legally distinct
person a form of control similar to that exercised over its own
departments and, at the same time, the person carries out the
essential part of its activities together with the controlling local
authority or authorities.
• C-480/06 the Hamburger Chamber case –
The contract forms both the basis and the legal framework for the
future construction and operation of a facility intended to perform a
public service, concluded solely by public authorities, without the
participation of any private party, and does not provide for or prejudice
the award of any contracts that may be necessary.

5. Subsequent case law
C-159/11 Ordine – 19 December 2012
C-564/11, Consulta Regionale – 16 May 2013
C-386/11, Piepenbrock, 13 June 2013
C-352/12, Consiglio Nationale – 20 June 2013
C-15/13, Datalosen Informationssysteme – 8 May 2014

6. 5 criteria for cooperation
• cooperation between public bodies,
• cooperation with the aim of ensuring that a public
task that they all have to perform is carried out,
• the contracts must be concluded exclusively by
public bodies, without the participation of a private
party,
• no private operator must be placed in a position of
advantage visàvis competitors,
• the cooperation established must be governed
solely by considerations and requirements relating
to the pursuit of objectives in the public interest.

7. Interesting questions that need to be
looked into.
• what is a public body, ompare private entities in the
utilities?
• what is a public task?
• when is there a position of advantage visàvis
competitors for a private contractor?,
• considerations and requirements relating to the
pursuit of objectives in the public interest – is theer
ever any other considerations that might be taken
by the public?

8. andrea.sundstrand@juridicum.su.se