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Public procurement – to be or not to be: what constitutes a body governed by public law under Directive 2014/24?

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van Thuyne Gauthier
Gauthier van Thuyne

Partner

Brussels

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Pissierssens Veerle
Veerle Pissierssens

Senior Associate

Brussels

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11 February 2021

This e-Alert summarizes a recent judgment of the European Court of Justice regarding the scope of public procurement legislation, in particular concerning the notion of “bodies governed by public law” and how this could apply to sporting federations.
The Court of Justice gave guidance on what a “specific purpose of meeting needs in the general interest, not having an industrial or commercial character” could mean for sporting federations, and how to assess whether a sporting federation is subject to management supervision by a public authority when it is supervised by an Olympic committee. For the reasons discussed in this e-Alert, we believe that this judgment could be of relevance to many sporting federations, and we remind that a sporting federation could qualify as a “body governed by public law”, subject to public procurement legislation, on the basis of other criteria than being under management supervision by public authorities.”