Last modified: September 25, 2015

Are all types of public undertakings eligible?

No, but only public undertakings operating in the water, energy and transport services sectors, undertakings over which the legal entities defined under paragraphs a-c in Guidelines for Grant Applicants, section 2.1.1 Eligibility of Applicants (see also question no. 18) may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it. A dominant influence on the part of the entities defined under paragraphs a-c in Guidelines for Grant Applicants, section 2.1.1 Eligibility of Applicants (see also question no. 18) shall be presumed when these entities, directly or indirectly, in relation to an undertaking:

i. hold the majority of the undertaking’s subscribed capital or

ii. control the majority of the votes attaching to shares issued by the undertaking or

iii. can appoint more than half of the undertaking’s administrative, management or supervisory body .

The eligible public undertaking are defined in Article 2(1)b of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors


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