Bezpośrednie subsydiowanie jako przesłanka uzyskania statusu zamawiającego subsydiowanego przez instytucje zamawiające
Direct Subsidisation as a Condition for Obtaining the Status of a Contracting Entity Subsidised by Contracting Authorities

Summary/Abstract: Subsidised contracting entities constitute a specific group of entities obliged to use public procurement. Their unique nature results primarily from the fact that the obligation to comply with public law procedures for spending funds does not result from their subjective characteristics, but is related to the properties of the planned construction investment. One of the conditions for obtaining the status of a subsidised contracting authority is financial support for a given construction work or service in excess of 50% in the form of direct subsidies from contracting authorities. The aim of the contribution is to answer the question of how to understand the condition of direct subsidisation, which is one of the conditions for obtaining the status of a subsidised contracting authority. The analysis will be conducted, on the one hand, through the prism of European law provisions in the context of the case law of the Court of Justice of the European Union, and on the other hand, based on relevant national provisions, using the views of representatives of the Polish doctrine of public procurement law.

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