News
Advocate General: areas within airports for ground-handling services may be allocated without a selection procedure
- 15/05/2017
As regards the allocation of areas within airports for the execution of ground-handling services, the TAR Lombardia asked the European Court of Justice to determine whether it represents a service contract, according to Directive 2004/17/EC, which always requires a selection procedure, or instead a concession service, pursuant to Directive 96/67/EC, which does not compulsorily require a selection procedure.
In his opinion delivered on 3rd May 2017 in the case C-701/15, the Advocate General has stated that the allocation of those areas does not constitute a service contract, in that there is no remuneration from the contracting entity to the contractor in exchange for the provision of the services by the contractor himself.
According to the Advocate General, it is necessary to consider the case at issue not in the light of Directive 2004/17/EC, but instead in the light of Directive 96/67/EC. The latter requires the contracting entity to make use of transparent criteria for the allocation of areas within airports, but does not require a selection procedure to be compulsorily conducted.
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