Division 1.2

Annotations

Footnotes

f1

According to Article 3 of Directive 2014/25/EU, ‘“contracting authorities” means State, regional or local authorities, bodies governed by public law or associations formed by one or more such authorities or one or more such bodies governed by public law.

“Bodies governed by public law” means bodies that have all of the following characteristics:

1. (a)

   they are established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character;

2. (b)

   they have legal personality; and

3. (c)

   they are financed, for the most part, by the State, regional or local authorities, or by other bodies governed by public law; or are subject to management supervision by those authorities or bodies; or which have an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law.’

f2

According to Article 4(2) of Directive 2014/25/EU, ‘“Public undertaking” means any undertaking over which the contracting authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it.

A dominant influence on the part of the contracting authorities shall be presumed in any of the following cases in which those authorities, directly or indirectly:

1. (a)

   hold the majority of the undertaking's subscribed capital;

2. (b)

   control the majority of the votes attaching to shares issued by the undertaking,

3. (c)

   can appoint more than half of the undertaking's administrative, management or supervisory body’.