Exception for ambulance services: Advocate General at the CJEU argues in favor

On November 14, 2018, Advocate General Campos Sánchez-Bordona delivered his Opinion in the case on the exception relating to the awarding of emergency services (C-465/17, “Falck Rettungsdienste GmbH, Falck A/S v. Stadt Solingen”). SKW Schwarz represents one of the parties in the proceedings. “The extensive considerations of the Advocate General show that it is highly probable that the exception for emergency services will continue to remain; competition under the “primary law” (“light public procurement law”) will likely not be necessary,” stated René M. Kieselmann as the lead partner in the case. In addition to Kieselmann, Counsel Dr. Mathias Pajunk is also involved in the mandate. The public procurement blog (https://www.vergabeblog.de/2018-11-15/eugh-generalanwalt-plaediert-fuer-bereichsausnahme-bei-der-vergabe-von-rettungsdiensten/) has reported on the Opinion (http://curia.europa.eu/juris/document/document.jsf?text=&docid=207748&pageIndex=0&doclang=DE&mode=req&dir=&occ=first&part=1).

The judgement is expected to be issued in a few weeks. In many cases, the CJEU decision follows the Opinions of the Advocate General.