Expanding Privileges: Recent CJEU Case-Law in Times of Crisis

Bartha, Ildikó (2024) Expanding Privileges: Recent CJEU Case-Law in Times of Crisis. Other. UNSPECIFIED.

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Abstract

The study examines the content of the exclusive rights of public service providers and, in this context, the scope of the in-house exceptions contained in the EU public procurement directives, in the light of the dynamics of EU public services legislation. Furthermore, the paper considers the implications of recent case law from the Court of Justice of the European Union and the subsequent evolution of relevant directives. It also outlines the potential impact of the Irgita ruling on future interpretations of the in-house concept, particularly in light of recent crises. The rules of the internal market and competition law have consistently been applicable to public services (in EU legal terminology, services of general economic interest or SGEIs) under specific conditions. However, the scope and content of these have undergone significant transformations over the past decades of integration. This paper examines the content of the exclusive rights of public service providers and, in this context, the scope of the in-house exceptions in the EU public procurement directives, in light of the dynamics of EU public service law. In the latter context, the paper analyses the case-law of the Court of Justice of the European Union (CJEU) and the subsequent legislative development in the relevant directives. Furthermore, it reflects on the recent Irgita decision, outlining its possible implications for the future interpretation of the in-house concept.

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