Privater Rettungsdienst und Krankentransport Stadler (Freedom to provide services) French Text [2010] EUECJ C-274/09 (09 September 2010)

Privater Rettungsdienst und Krankentransport Stadler (Freedom to provide services) French Text [2010] EUECJ C-274/09 (09 September 2010)

The absence of direct remuneration by the contracting authority to the service provider constitutes a sufficient criterion for classifying a contract as a concession of services under Article 1(4) of Directive 2004/18/EC. It is irrelevant who pays the remuneration, provided the payer is sufficiently distinct from...

Source-derived case information.

Citation
[2010] EUECJ C-274/09
Parties
Applicant: Privater Rettungsdienst und Krankentransport Stadler; Respondent: Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion proposes that the absence of direct remuneration by the contracting authority is sufficient to classify the contract as a concession of services under Directive 2004/18/EC.
Legal Topics
Concession of Services, Public Service Contracts, Remuneration Models, Risk Transfer, Directive 2004/18/ec
European Union Law Public Procurement Concession of Services Public Service Contracts Remuneration Models Risk Transfer Directive 2004/18/ec

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Parties

Privater Rettungsdienst und Krankentransport Stadler

Applicant

Zweckverband für Rettungsdienst und Feuerwehralarmierung Passau

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

  1. 1 Whether the absence of direct remuneration by the contracting authority is sufficient to qualify a contract as a concession of services under Directive 2004/18/EC.
  2. 2 Whether the limitation of operational risk assumed by the service provider affects the classification as a concession of services.

Ratio Decidendi

The absence of direct remuneration by the contracting authority to the service provider constitutes a sufficient criterion for classifying a contract as a concession of services under Article 1(4) of Directive 2004/18/EC. It is irrelevant who pays the remuneration, provided the payer is sufficiently distinct from the contracting authority, and the modalities of payment do not affect this classification. The extent of operational risk transferred is not decisive; what matters is that the risk previously borne by the authority is transferred to the provider.

Court Disposition

Opinion proposes that the absence of direct remuneration by the contracting authority is sufficient to classify the contract as a concession of services under Directive 2004/18/EC.