Body under public law means any body a established
Aentire share capital. VLRDs object of activity is the manufacture and maintenance of locomotives and wagons. During the relevant period in litigation the orders made by LG represented approximately of VLRDs turnover. In VLRD organized a simplified open tender procedure for the purchase of ferrous metal bars and the award procedure was carried out in accordance with the provisional regulations regarding purchases adopted by VLRD. UAB LitSpecMet submitted an offer in the award procedure and was declared the winner regarding part of the deliveries. However LitSpecMet requested the cancellation of the award procedure and the initiation of a new procedure in accordance with the LAP.In support of its claims it invoked on the one hand the fact that VLRD Country Email List was established to meet the needs of LG a statefunded enterprise that provides public services and on the other hand the fact that the conditions regarding the provision of services and the sales made by VLRD in favor of the parent company did not comply with normal competition conditions . In LitSpecMets opinion all this led to the conclusion that the activity carried out by the VLRD was aimed at satisfying needs of general interest without an industrial or commercial character and that therefore it was a contracting authority subject to the rules regarding public procurement contracts.
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The legal framework Directive According to art. paragraph Contracting authorities means the state territorial collectivities bodies under public law and associations formed by one or more of these collectivities or one or more bodies under public law.to expressly fulfill requirements of general interest other than industrial or commercial b which has legal personality c whose activity is financed for the most part by the state territorial collectivities or other bodies under public law or whose management is subject to the control of the latter or whose board of administration management.
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