20The three alternative criteria laid down in point (c) of the second subparagraph of Article 1(9) of the directive all reflect close dependence vis-à-vis the public authorities. That dependence is likely to enable the latter to influence the decisions of the body concerned with respect to public contracts, which might lead to considerations other than economic ones guiding those decisions, and, in particular, to the risk that preference might be given to national tenderers or applicants, which would create barriers to the free movement of goods and services that the application of the directives on public procurement specifically seek to prevent (see, as regards similar provisions before Directive 2004/18, Case C-237/99 Commission v France [2001] ECR I-939, paragraphs 39, 41, 42, 44, 48 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.