Award Procedures In The Field Of Emergency Services

According to the European Court of Justice (ECJ), emergency and rescue transport services are not connected with the exercise of official authority and therefore not exempt from applicability of the Public Procurement Directive (2004/18/EC).

These exemptions must be interpreted so that their scope is limited to what is strictly necessary in order to safeguard the interests which they allow member states to protect. The fact that such services contribute to the protection of public health is not sufficient for there to be a connection with the exercise of official authority.

Through its decision, the ECJ brought to a halt the practice followed by local and regional authorities in Germany of awarding contracts for rescue transport services without applying transparent contract award procedures.