International Women’s Day is not just another event in the calendar. Striving for social equality is a daily mission as we work towards building a society of gender equality.
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.
Next in our series of ebriefings on the Government’s Green Paper: Transforming public procurement; looking at the Chapter 4 proposal to change the basis of contract awards.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
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