geilmann.pdf
(257.3 kB, PDF)
… have clarified over the years which requirements need to be met in order for compensation of SGEI to be considered as aid compatible with the internal market that does not have to be notified as State aid. Using a public procurement procedure when selecting an SGEI provider has become a requirement of more and more importance over the years. The peak of this development is then the requirement that public procurement procedures will have to be used whenever an SGEI provider is selected, to … Public procurement and State aid is a tight one. In the case Bretagne Angleterre Irlande (BAI) 7 the Court of Justice established that State aid rules would also be applicable to agreements for consideration concluded between the government, as a buyer, and a seller. 8 According to Article 107 TFEU, when there is (i) a State intervention and a transfer of finances, which is (ii) liable to affect trade between Member States, which (iii) confers an advantage on the recipient and which, (iv) … kind of a tender should be conducted for selecting a provider. 49 In order to have an open, transparent and non- discriminatory procedure, it will be “acceptable”, on the one hand, to use the open procedure as the one which ensures these conditions best. 50 It solicits the greatest number of competitors since any interested economic operator may submit a tender 51 and it attracts maximum participation. 52 In the open procedure all tenders will be evaluated to assess the qualifications of the …