Definition od specific purpose of meeting the needs of general interest in the context of the definition of contracting authority

Abstract

Act on Public Procurement defines who a public contracting authority is while one of the defining criteria for selected legal entities is creation or establishment of a given legal entity for specific purpose of meeting the needs of general interest that are not of an industrial or commercial nature. This article aims to define what can be considered as meeting the needs of the general interest and how the fulfilment of such purpose is determined and demonstrated. The article further evaluates abovementioned framework with regard to the case law of the Court of Justice of the European Union, as well as the courts of the Slovak Republic.