Kamil Kłopocki - Business Law Journal - Journals

Mgr Kamil Kłopocki

ORCID: 0000-0001-7614-4252

Regulatory Affairs Expert at Allegro in Warsaw, Poland. Prior to that, he was a a member of the competition team at WKB Wierciński Kwieciński Baehr law firm based in Warsaw, Poland. He graduated the Faculty of Law and Administration of the Adam Mickiewicz University in Poznań (Poland) where he is currently a PhD candidate in the Public Economic Law Department. His work experience includes, among other things, an internship in the European Parliament in Brussels where he had the opportunity to work in the Committees on Development and Environment, Public Health and Food Safety.

Article

Capital groups and in-house procurement: Commentary on the judgment of the Court of Justice of the European Union of 15 January 2026 in Case C-692/23 AVR-Afvalverwerking BV, s. 60-66

DOI: 10.33226/0137-5490.2026.7.8

JEL: H57

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Capital groups and in-house procurement: Commentary on the judgment of the Court of Justice of the European Union of 15 January 2026 in Case C-692/23 AVR-Afvalverwerking BV

In-house procurement (for own units) has been excluded from competitive public procurement procedures because the contracting authority performs public tasks itself. Therefore, the conditions governing their use must be interpreted strictly, and a mere reference to the relevant legal provisions is insufficient. When announcing its intention to award the contract, the contracting authority is obliged to justify its use. Otherwise, competition in the procurement procedure will be compromised due to the lack of verification by other contractors of the appropriateness and correctness of using the direct award procedure. The latest CJEU judgment of 15 January 2026 in Case C-692/23 AVR-Afvalverwerking confirms the importance of correctly interpreting the in-house exemption, especially from the perspective of protecting competition in public procurement.

Keywords: Directive 2014/24/EU; in-house procurement; capital groups; competition