| | 32004L0018: c3-4.1.1Candidates, tenderers    
| 32004L0018 - Classic (3rd generation) | Article 4.1.1 | TITLE II
RULES ON PUBLIC CONTRACTS
CHAPTER I
General provisions
Article 4
Economic operators
1. Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of the Member State in which the contract is awarded, they would be required to be either natural or legal persons. | | 32004L0017 - Utilities (3rd generation) | Article 11.1.1 | TITLE II
RULES APPLICABLE TO CONTRACTS
CHAPTER I
General provisions
Article 11
Economic operators
1. Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to provide the relevant service, shall not be rejected solely on the ground that, under the law of the Member State in which the contract is awarded, they would be required to be either natural or legal persons. | | 31992L0050 - Services (2nd generation) | Article 26.2 | | 2. Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to carry out the relevant service activity, shall not be rejected solely on the grounds that, under the law of the Member State in which the contract is awarded, they would have been required to be either natural or legal persons. | | 31993L0038 - Utilities (2nd generation) | Article 33.2 | | 2. Candidates or tenderers who, under the law of the Member State in which they are established, are entitled to carry out the relevant service activity shall not be rejected on the sole ground that under the law of the Member State in which the contract is awarded they would have been required to be either a natural or a legal person. |
| Case | Pte | Ref | Text | C-357/06
Frigerio Luigi | 20-23 | S2-26.2 | 20. In accordance with Article 26(2) of Directive 92/50, the adjudicating authorities may not reject candidates or tenderers who, under the law of the Member State in which they are established, are entitled to carry out the relevant service activity solely on the ground that, under the law of the Member State in which the contract is awarded, they would have been required to be either natural or legal persons.
21. It stems from that provision that the adjudicating authorities also cannot exclude candidates or tenderers who are entitled, under the law of the Mem ber State concerned, to carry out the relevant service activity from a tendering procedure solely on the ground that their legal form does not correspond to a specific category of legal persons.
22. It follows that Article 26(2) of Directive 92/50 precludes any national legislation which excludes candidates or tenderers entitled under the law of the Member State concerned to carry out the relevant service activity from the award of public services contracts with a value greater than the threshold for the application of Directive 92/50 solely on the ground that those candidates or tenderers do not have the legal form corresponding to a specific category of legal persons.
23. Consequently, national provisions such as those at issue in the main proceedings, which restrict to companies with share capital the award of local public service contracts of economic interest with a value greater than the threshold for the application of Directive 92/50, are not compatible with Article 26(2) of that directive. |
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