HE Supreme Court He declared in a decision that: Companies receiving public funds can, in principle, participate in tendering processes for the award of public contracts without harming freedom of expression. sufficiency. According to the disputed Chamber, the exception is whether the organization receives public funding. made an abnormally low offer, Due to receiving government aid or Received illegal subsidies.
The Third Chamber ruled that the public institution in question keep separate accounting between its activities as an economic collaborator in the “private market” and its other activities It is a relevant element for the purpose of eliminating the existence of aid that distorts competition..
a public company
The room answers this question The issue of appeal interest came to the fore It consists of determining whether to participate or not. Bidding for a public contract by a person receiving budget allocations representing more than 80% of its resources, puts the bidder in an advantageous position Compared to other private economic operators, it is not compatible with the principle of free competition in public procurement.
With this claim, the decision confirms that the award was given to the Catalan public company Cartographic and Geological Institute of Catalonia (ICGC), It was created in 2014, Signing of a contract for aerial imaging in 28 Municipalities of Galicia To prepare the map of Municipal Basic Plans. ICGC submitted its proposal and received many awards; This offer was objected to by another company that participated in the tender with the understanding that the Catalan institute’s offers should be special due to an advantageous situation.
The Supreme Court notes that the ICGC “as an economic operator has, since its establishment, been enabled by its founding rules to carry out activities, cooperate with other public bodies or perform tasks outside the competence of the Generalitat.” for any other matter, public or private, in return for the corresponding consideration, functions and powers to which it has been transferred”, so there is no reason to prevent it from participating in the tender awarded in Galicia, as was previously established for the Balearic Islands.
HE Galicia Public Procurement Administrative Court rejected the objection To understand that the organization in question can participate in and win the tender because it is an “economic operator” that cannot be excluded due to having significant public participation. This decision was appealed before the Supreme Court of Justice of Galicia, which in its decision upheld the administrative decision, which has now been confirmed by the Supreme Court.
Source: Informacion
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