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Internal Market

Procurement: Norway can exclude commercial operators when buying child care services - PR(10)37

22.6.2010

On 21 June 2010, the EFTA Surveillance Authority decided to close two complaint cases against Norway in the field of public procurement. In these two cases, the complainant claimed that Norway had failed to comply with the EEA principles of non-discrimination, freedom of establishment and freedom to provide services, as the Norwegian public procurement regulation[1] allows public entities to exclude commercial operators from participating in tendering procedures for public contracts for child care services.

Having assessed the complaint, the Authority concluded that Norway may, in relation to the organisation of its social security system, reserve public contracts for non-profit-making operators. The national measure is not of such a nature as to place profit-making companies from other EEA States in a less favourable factual or legal situation to that of profit-making companies established in Norway and, therefore, the non-profit condition cannot be regarded as contrary to the EEA principles of non-discrimination, freedom of establishment and freedom to provide services.[2]

For further information, please contact:

Mr Steven Verhulst
Officer
Internal Market Affairs
Tel.: (+32)(0)2 286 18 58

or

Mr Bjørnar Alterskjær
Deputy Director
Legal & Executive Affairs
Tel. (+32) 495 29 16 05



[1] Regulation 402 on public procurement (forskrift nr. 402 om offentlige anskaffelser).

[2] See also Case C-70/95 Sodemare.




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