Advocate General Trstenjak (AG) has delivered her Opinion to the European Court of Justice on allegations brought by the European Commission against Germany concerning the failure of a number of Länder (i.e. regional authorities) to comply with the procurement rules in relation to various ambulance service contracts. The case deals with issues relating to contracts involving mixed ‘priority’ Part A and ‘non-priority’ Part B services. The Commission claimed that the contracting authorities should, in each instance, have made a public call for tender under the procurement directives or at least transparently awarded the service contracts in compliance with the rules on free movement and should have issued a contract award notice in each instance. The AG concluded that the contracting authorities should have issued contract award notices. However, she was critical of some of the Commission’s claims because, in her view, the submissions were contradictory and the Commission had changed its plea during proceedings. In the Opinion, she recommends that the allegations concerning a breach of the rules on transparency should be regarded as inadmissible.
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Advocate General gives her opinion on the German ambulance contract cases
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