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On 1 August 2022, the Court of Justice issued its judgment on the request for a preliminary ruling in the Roma Multiservizi SpA (C-332/20) case.
The case concerned the selection of a partner for a company to which the City of Rome intended to entrust the ‘integrated school service’. According to the tender documents, the company’s shareholders were to be the City of Rome (51%) and a private entity (49%). That private entity was supposed to bear the entire operational risk. It was therefore not a matter of ordinary public procurement or concession, but a specific situation that is often referred to as an institutionalised form of public-private partnership. The Court of Justice has already dealt with this type of situation, in Acoset (C-196/08) and Mehiläinen Oy (C-215/09).
This time the situation was specific and related to the qualification criteria assessed on the basis of the capital structure of a given contractor.
The full text of the article "Selection criteria in public-private procurement procedures (C-332/20 Roma Multiservizi SpA)" authored by Wojciech Hartung, Counsel in the public procurement team is available at EU Law Live website.
From 25 May 2018 the General Data Protection Regulation (GDPR) applies in Poland and other European Union countries. We would therefore like to give you several details on the subject of how DZP processes personal data.
The administrator of the personal data is Domański Zakrzewski Palinka Sp.k. (“DZP”; address: Rondo ONZ 1, 00-124 Warszawa). Data are processed for contact purposes and to impart information on changes to provisions and authority practices and on other issues, including events concerning day-to-day legal, economic and cultural issues, inter alia, by sending DZP newsletters. The above is carried out on the basis of legitimate interests, i.e. in accordance with art. 6(1)(f) of the GDPR. Data can also be processed where necessary for the conclusion or performance of a contract and for compliance with a legal obligation to which DZP is subject, i.e. pursuant to art. 6(1)(b) and (c) of the GDPR. Data can be transferred to entities with whose help DZP achieves the indicated aims, including entities maintaining IT infrastructure. Giving data is voluntary and in contractual relations is a requirement for concluding and performing a contract. It is possible to object to data processing, request access to, rectification and erasure of personal data or restriction of processing and data portability. Data are kept until an objection is made, and in contractual relations – throughout the term of the contract and thereafter for a period specified in provisions on archiving and limitations period for claims. Anyone has the right to file a complaint with the President of the Personal Data Protection Office. Questions concerning privacy at DZP can be sent to DZP’s Data Protection Inspector, Macieja Maciejewskiego, at: email@example.com.
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