The concept of a ‘public contract’ within the meaning of the Public Procurement Directive

The public sector can be organized in many different ways when it comes to performing public tasks, and contracting authorities are free to organize themselves in the way the want. They can either choose to carry out an economic activity themselves or entrust it to a third party. By involving a private party to perform a public task, the Public Procurement Directive applies to a range of specific public contracts, but only as long as the contract constitutes a public contract.
Defining a public contract in the light of the definition found in the Public Procurement Directive can often be difficult. This is especially due to the many different forms of cooperation, which a contracting authority can engage with private undertakings, including the many different ways to get a public task carried out.

Carina Risvig Hamer
no 3
s. 179