The magistrates thus apply the judgment of the court of justice of the european union in response to a preliminary ruling. The litigation chamber does annul some aspects of the norm and of two calls. The fourth section of the contentious-administrative chamber of the superior court of justice of the community (tsjcv) has rejected in a sentence the total nullity of the decree of the consell of november 2017 that excludes from the concerted action for the provision of social services to commercial companies and circumscribes it to foundations, associations, voluntary organizations and other private non-profit entities.
The tsjcv thus applies
The sentence handed down on july 14 of last year. By the fourth chamber of the court of justice of the european union (cjeu). In response to the preliminary ruling question raised on. The aforementioned decree by the valencian superior court itself. From the pronouncement of the court based in luxembourg. It can be deduced that Antarctica Email List directive 201/24 of the european parliament and the council. On public procurement, does not oppose a national regulation that reserves to private non-profit. Entities the power to enter into agreements for the provision of social services to people, as long as the principle of transparency is respected and the activity contributes to achieving the objectives of solidarity and budgetary efficiency.
Specifically article 15.1 letter a is annulled
Which establishes its implementation in the locality where the service is to be provided. As a selection and assessment criterion for the entities that EG Lists attend the call for concerts. Likewise, article 23 does not conform. To community law, since it establishes a temporary duration of the agreements not exceeding four years and possible extensions for a maximum of another ten years. When directive itself limits these contracts. To a maximum of three years. The tsjcv has also annulled the subsection of article 22 of the questioned decree, which establishes the guarantee of the “patrimonial indemnity of the entity” that provides the service in the economic consideration to be received, since said subsection “is not compatible”, in the opinion of the magistrates, with the imperative of “budgetary efficiency” that impunes the jurisprudence of the cjeu.
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