The Assignment of Services Pursuant to Art. 57, Legislative Decree 117/2017 in Two Recent Sentences of the European Court of Justice and the Italian Council of State. The Absence of Profit-Making Purposes, Social Cooperatives and Non- Profit Entities
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Abstract
The EU Court of Justice has recently discussed the exclusion of the application of Directive 2014/14/EU on public procurement to certain emergency services where they are performed by non-profit organisations or associations. Among the many issues, the main one concerns the nature of social cooperatives as profit-making entities: can the so called «ristorni» make these cooperatives profit-making entities? According to the Court of Justice, undoubtedly yes. In this way social cooperatives would then lose their status as non-profit organisations. We will discuss these aspects by also examining a recent ruling from the Council of State on the same subject
Keywords
- Non-Profit Organisations
- Social Cooperatives
- Profit Purpose
- Emergency Service
- Public Procurements
