Exceptions of the awarding obligation

In addition to the general exceptions cited under §§ 107 et seq. GWB, there is also to consider a legally unregulated exception, the so-called “in-house Geschäft“.

This is based on the concept that the public sector has the obligation to award, but on the other hand is also entitled to perform the required services itself. It is not obliged to place services on the market: it may set up independent legal entities of private or public law for the purpose of carrying out individual state tasks which are to be entrusted with the provision of services.

According to the jurisdiction of the European Court of Justice, such an “Inhouse-Geschäft” is not subjected to public procurement law only if the public authority controls the company as a separate service and the company is essentially active in the public sector.