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The ECJ strengthens non-profit emergency services

The private rescue services in Germany have suffered before the court of justice is a defeat. Public contracts may also be without tender to non-profit organisations. DRK and ASB welcomed the decision.

The European court of justice has strengthened the Position of aid organisations like the German Red cross (DRK) in the Transport of emergency patients. In the care and treatment of emergency patients in the ambulance, it was a question of security, decided by the Supreme EU court in Luxembourg. The contracts could be awarded, therefore, under EU law, even without a public tender to non-profit organizations.

The ruling is a setback for private providers who try to improve their Position in Germany so far, from aid agencies dominated the market. In concrete terms, in the judgment of the awarding of the ambulance service in Solingen. The city had asked four auxiliary services, offers. The Red cross, the Arbeiter-Samariter-Bund (ASB) finally got the orders in the total amount of 2.7 million euros in the year. In contrast, a private provider cannot apply had complained.

In the care and treatment of emergency patients in the ambulance, it was security, according to the ECJ in Luxembourg.

procurement unobjectionable

The court took the view that the award of the contract to non-profit organizations for emergency transports, however, to be legally safe. However, the derogation should not be extended beyond what is absolutely necessary.

The German Red cross welcomed the decision. "The qualified ambulance transport and emergency rescue in an emergency both for the civil and disaster protection as well as for the security in Germany is of fundamental importance," said DRC President Gerda Hasselfeldt. This should not be the private economic market.

Also stressed the Arbeiter-Samariter-Bund, the rescue of human lives should not be commercialized.

National importance

According to the assessment of both charities, the judgment is of significance. They called on all States to take into account the exception in your rescue service laws, to the extent that this is not yet done.

the city of Solingen was pleased about the decision of the judges in Luxembourg. "Now security for the local authorities in the tendering of such contracts is finally right, and we can consider the auxiliary organizations, in particular," said the attached to Jan Welzel. The Falck group of companies, which had brought the lawsuit, did not comment initially.

The rescue services are a billion-dollar market. The expenditure of the health insurance funds have been increasing for years strong. In 2017, they had to spend about 2.3 billion euros, about three Times as much as in 2002.

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