Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/28/2016

Subject: The Court affirmed that EU law does not preclude national legislation which allows local authorities to entrust the provision of medical transport services by direct award, without any form of advertising, to voluntary associations, provided that the legal and contractual framework in which the activity of those associations is carried out actually contributes to the social purpose and the pursuit of the objectives of the good of the community and budgetary efficiency. A public authority which intends to conclude contracts with such associations is not required, under EU law, to compare the proposals of various associations beforehand. Moreover, according to the Court, where a Member State, which allows public authorities to make direct use of voluntary associations to carry out certain tasks, authorises those associations to engage in certain commercial activities, that Member State must establish the limits within which those activities may be carried out. Those limits must nevertheless ensure that those commercial activities are marginal, having regard to all the activities of such associations, and must support the pursuit of their voluntary activity

Parties: CASTA e a.

Classification: Freedoms - Art. 15 Freedom to provide services - Solidarity - Art. 35 Preventive health care

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