0370 270 6000

In house awards again..

26 July 2012

Advocate General Cruz Villalón has delivered his opinion on the feasibility for the Teckal Exemption to be available to bodies that hold only a token shareholding in a shared service company.

Villalón confirmed that it was unimportant whether the holding was a minority shareholding provided that the shareholding agreement gave effective and proportionate control over the company to all the shareholders.

What is more interesting is his references to the earlier decision of Sea Srl V Commune di Ponte Nossa and the ability of Teckal Companies to be established with the mere future possibility of private sector involvement.

Villalón suggests that if the private sector becomes involved in the ownership of the company at some point after award it would be impossible from the outset for the requirement of control to be satisfied.

What this practically means is debatable. However, we will need to think carefully about what type of companies are set up and how future intensions are expressed.

Related opinions

Building Safety Bill receives Royal Assent

The new regime introduced by the Act will take shape over the next 18 months, but those who design, build or manage high rise buildings are being urged to get ready for the changes to be introduced through the act.

View blog

Local Health Systems: Relationships not structures

The Local Government Information Unit’s Local Democracy Research Centre report, there are calls for a reinvigorated role for local government as leaders of local health systems, to develop and strengthen relationships of trust, transparency and cooperation.

View blog

The UK’s first domestic subsidy control case

We waited more than a year for it, but the wait is over – we finally have a domestic case on the new subsidy control regime.

View blog

Right to Work Checks: Changes from 6 April 2022

From 6 April 2022, right to work checks on all migrant or settled prospective employees must be online and checks on British or Irish nationals will be manual (free) or digital (charged for).

View blog

Peter Ware

Peter Ware

Partner and Head of Government Sector

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up