In the first of a series, this article examines the impact of the Derby case on how local authorities should apply and charities can claim business rate relief.
The Opinion covers the question whether a subsidiary that is entitled to provide works, services or supplies to its parent without the need for an EU tender process (1) has to follow the EU procurement rules for its own purchases.
We have always said that this is the correct legal position, but there is now support for this view from the Advocate General (2). The case in which the Advocate General issued this Opinion concerned a wholly owned subsidiary of the state railway company that manufactured and maintained railway rolling stock for that company.
Although Opinions of the Advocate General are not technically law, they are strongly persuasive and, more often than not, are followed by the European Court of Justice. We are, therefore, expecting this Opinion to be followed when the case finally comes before the European Court.
Assuming the European Court follows the Advocate General’s opinion, any subsidiary of a registered provider, local authority or other contracting authority that relies on the exemption for the supply of works or services to its parent company will need to follow the EU procurement rules for its own purchases.
(1) Under Regulation 12 of the Public Contracts Regulations 2015, which enacted the Teckal case.
(2) In the case of LitSpecMet UAB v Vilniaus lokomotyvu remonto depas UAB.
If you would like more information about the topics discussed, please contact Andrew Millross. If you would like more information about the work we do at Anthony Collins Solicitors, please visit our website.
“Monitoring the Mental Health Act in 2018/19” published by the CQC, has found that although improvements have been made, healthcare services need to do more to comply with their human rights duties.
The IPPR North report says that this Parliament must be the “Devolution Parliament” to truly “level up” the country.
On 20 January 2020, the Ministry of Housing, Communities and Local Government (MHCLG) issued Advice for Building Owners of Multi-storey, Multi-occupied Residential Buildings.
The Society for Computers and Law (SCL) has introduced an Adjudication Scheme for IT Projects and Services.
The board of a housing services company was reportedly dismissed in December 2019 following the discovery of a variety of safety and hygiene issues in the properties they manage.
The Heat Network (Metering and Billing) Regulations 2014 (the Regulations) place certain responsibilities on anyone supplying and charging for heating, cooling or hot water (the heat supplier).
In our latest Company Secretary Update, we focus on the Queen’s Speech over Christmas and the recommendations and commitments in relation to housing.
So after two days of legal argument, the Supreme Court have now retired to reach their decision in the joined cases of Tomlinson-Blake v the Royal Mencap Society and Shannon v Rampersad.
Anthony Collins Solicitors has revealed details of its annual social impact, including advising on funding deals for building 19,603 new homes and setting up 90 new charities.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.