Joined CJEU Cases C-155/19 & C-156/19 | Federazione Italiana Giuoco Calcio (FIGC) and Consorzio Ge.Se.Av. S.c.arl v De Vellis Servizi Globali Srl

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Publication Date 2019-2021
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Summary:

Information Guide concerning Cases C-155/19 and C-156/19 from the Court of Justice of the European Union, which relates to public procurement and a national sports federation.

Further information:

The Italian Football Federation (Federazione Italiana Giuoco Calcio - FIGC) organised a negotiated procedure for the award of a contract for porterage services aimed at accompanying the national football teams and also including the FIGC store for a period of three years. At the end of that procedure, one of the tenderers brought an action before a Regional Administrative Court to challenger the rules governing the conduct of the procedure. According to the tenderer, the FIGC should be considered as body governed by public law and should have complied with the rules on publication laid down by the legislation on public procurement.

The Court decided to uphold the action and annulled the award of the contract at issue. The FIGC and the entity which had been awarded the contract each brought an appeal before Italy's Council of Justice to dispute that FIGC should be classified as a body governed by public law. The Council of Justice decided to submit a request for a preliminary ruling before the CJEU concerning the interpretation of Directive 2014/24/EU on public procurement.

The CJEU ruled on 3 February 2021 that a national sports federation may be subject to the rules on the award of public contracts if it pursues activities of general interest not having an industrial or commercial character. However, the Court added that such a federation having legal personality must also be subject to supervision by a public authority, in the sense that the latter must be able to influence the federation's decisions with regards to public contracts.

Related Link(s)
Official
CJEU CURIA: Case C-155/19 | FIGC and Consorzio Ge.Se.Av. http://curia.europa.eu/juris/documents.jsf?num=C-155/19
CJEU CURIA: Case C-156/19 | FIGC and Consorzio Ge.Se.Av. http://curia.europa.eu/juris/documents.jsf?num=C-156/19
CJEU: Press Release No 14/21, 03/02/2021: Judgment in Joined Cases C-155/19 and C-156/19 Federazione Italiana Giuoco Calcio (FIGC) and Consorzio Ge.Se.Av. S.c.arl v De Vellis Servizi Globali Sr https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-02/cp210014en.pdf

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