The European Commission has issued a Communication on public contracts and concessions granted to institutionalised public-private partnerships (IPPPs). An IPPP is generally formed when a new company is formed, the capital of which is held jointly by one or more public entities and one or more private partners or by the participation of a private partner in an existing publicly owned company. The Communication provides guidance on the award of public contracts or concessions awarded to such an IPPP. In accordance with the rulings of the European Court of Justice (notably Stadt Halle C-26/03) a transparent and competitive award procedure must be followed when awarding a contract to an IPPP. Depending on the nature of the contract or a concession, the public procurement directives or the general EC Treaty principles apply to the selection procedure for the private partner. According to the Guidelines, procurement law does not require double tendering, one for the selection of the partner and one for awarding a public contract to the IPPP. It can be achieved through a single tender procedure.
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Guidelines on public private partnerships contracts
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