canceled articles
The Valencia High Court’s Fourth Section did not wipe out decree 181/2017 entirely. It partially granted the appeal brought by the Association of State Home Care Organizations (ASADE), striking down one article and parts of three others. The court ruled that when the concert value reaches 750,000 euros or more, it runs afoul of European Union law. This conclusion drew on the CJEU ruling cited earlier and a related institutional decision addressing a similar preliminary question.
Special Article 15.1, subparagraph a, was eliminated as a criterion for selecting and assessing organizations taking part in the service call in the area where the service will be provided. Article 23 was also found noncompliant with Community law because the temporary length of concerts cannot exceed four years, and any extensions are restricted, while Directive 201/24 limits contracts to a maximum of three years.
The Fourth Section also annulled Article 22, the inheritance compensation clause. The court found that the service fell under economic compensation received, a finding that clashes with budgetary discipline required by EU jurisprudence.
Lastly, Article 13.2 of the regional decree was struck down for calls of concerts at or above 750,000 euros. Merely publishing in the Official Journal of the Generalitat Valenciana does not fulfill EU transparency and competition standards.
Same resolution for other available resources
The same Valencia division extended the June 29 decision to three additional rulings related to the funds of other associations focused on addiction services. These judgments partially or fully supported objections and invalidated the Ministry of Equality’s March 27, 2017 decision and two provisions from the March 15, 2018 decision calling for concerted action agreements. The court addressed social services for dependents for the 2019-2020 period and for other groups with varied needs in 2018.
Across these cases, the TSJCV’s Fourth Division affirmed that EU procurement standards should guide regional rules. It underscored the importance of transparency, open bidding, and fair access for organizations delivering social services. The ruling makes clear that private non‑profit groups can participate in public service delivery, provided they meet procurement rules and budgetary discipline established by EU law.
Several penalties arising from the TSJCV rulings remain subject to appeal, with potential review by higher courts. The current decisions reflect a broader effort to harmonize regional norms with EU procurement principles while ensuring continued access to essential social services through a diverse mix of organizations.