Analysis: Selection criteria in public-private procurement procedures (C-332/20 Roma Multiservizi SpA)

On 1 August 2022, the Court of Justice issued its judgment on the request for a preliminary ruling in the Roma Multiservizi SpA (C-332/20) case.

The case concerned the selection of a partner for a company to which the City of Rome intended to entrust the ‘integrated school service’. According to the tender documents, the company’s shareholders were to be the City of Rome (51%) and a private entity (49%). That private entity was supposed to bear the entire operational risk. It was therefore not a matter of ordinary public procurement or concession, but a specific situation that is often referred to as an institutionalised form of public-private partnership. The Court of Justice has already dealt with this type of situation, in Acoset (C-196/08) and Mehiläinen Oy (C-215/09).

This time the situation was specific and related to the qualification criteria assessed on the basis of the capital structure of a given contractor.

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The full text of the article "Selection criteria in public-private procurement procedures (C-332/20 Roma Multiservizi SpA)" authored by Wojciech Hartung, Counsel in the public procurement team is available at EU Law Live website.