Privilegierte Vergaben innerhalb der Staatssphäre

Under what conditions may the state, by way of exception, directly award public contracts to service providers within the national sphere without applying public procurement law and, as a consequence, without issuing a call for tenders? This comparative legal dissertation uses the proposed initial codification of the so-called in-house, quasi in-house and in-state exceptions within the parameters of the reform of Swiss procurement law as an opportunity to analyse the origins and further development of these three derogations. In doing so, it offers a detailed examination of the wide-ranging case law of the ECJ and the resulting regulation in the EU’s public procurement directives, and contrasts them with Switzerland’s draft legislation in this regard. The study’s findings, which are presented graphically, will be of great practical significance to both contracting authorities and tenderers who hope to gain a foothold in state procurement markets.