Judgment_paragraph 36 · Carbotermo SpA and Consorzio Alisei v Comune di Busto Arsizio and AGESP SpA (C-340/04)

36In order to determine whether the contracting authority exercises a control similar to that which it exercises over its own departments, it is necessary to take account of all the legislative provisions and relevant circumstances. It must follow from that examination that the successful tenderer is subject to a control enabling the contracting authority to influence that company's decisions. It must be a case of a power of decisive influence over both strategic objectives and significant decisions of that company (see Case C-458/03 Parking Brixen [2005] ECR I-8585, paragraph 65).

Carbotermo SpA and Consorzio Alisei v Comune di Busto Arsizio and AGESP SpA (C-340/04)

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