Brussels, 06/05/2010 (Agence Europe) - In its role as guardian of the treaties, the European Commission took further steps, on Wednesday 5 May, in the framework of infringement procedures opened in domains such as public procurement, taxation and patient rights. Greece was not spared from these proceedings.
Public procurement. (A) The European Commission has decided to refer the Netherlands to the Court of Justice over the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. The award of this contract does not respect European laws on: - technical specifications: absence of criteria that enable clarification as to whether a product respects the labels required by the adjudicating power; - selection criteria: lack of criteria that allow information to be noted with regard to sustainable development policy carried out by the subcontractor; - allocation criteria: erroneous award of supplementary points to a subcontractor offering additional ingredients (sugar, milk) in response to certain labels. (B) Germany will receive a reasoned opinion with regard to the allocation of a waste management contract awarded to Landkreis Nordsachsen. According to the Commission, this contract should have been subject to competition, due to an essential modification in the company's structure. The Commission considers that the new contracts should have been launched in 2005 when contractual parties decided to remove the right to terminate the contract in 2025; while in 2006 the private partner in the contract was replaced by another company. (C) The Commission has sent the Czech Republic a reasoned opinion asking the country why its government had not respected public procurement directives when it awarded a contract worth €152 million for the provision of four tactical transport military planes CASA-295M. The Commission believes that this contract did not present any particular risk to the essential interests of the Czech state, which would have been the only reason to justify Prague's authorisation in contravention of European rules. (D) The Commission is concluding infringement procedures against the United Kingdom with regard to the allocation by the city of York to a building franchise working in municipal territory in the construction of residential properties. The British authorities decided that the contract should be reopened and even published guidelines on how to apply European rules for the award of contracts on urban regeneration.
Greece. (A) Greece is compelled to explain to the European Court of Justice why international legislation imposes a maximum 5% limit on voting rights for private shareholders in he national electricity company. As opposed to Athens, which has stipulated a public security reason for its decision, the Commission considers that this situation contravenes the free movement of capital. The Commission has not been convinced by the Greek authorities' arguments claiming the transitory character of the Greek decree or improvements in minority voting rights. (B) The Commission is also taking Greece to court because the country's legislation restricts the setting up of service stations. It also imposes rules on where these service stations can be located which, according to the Commission, is incoherent. (C) The Commission has officially requested Greece to amend its national legislation that sets a minimum amount for which lawyers can invoice. The Commission considers that this rule restricts the legal services available and the capacity of lawyers from other member states to provide their services in Greece. To ensure the quality of the services in question, the Commission believes it more efficient to put in place ethical rules, which are linked to the organisation of legal cabinets and the professional qualifications of the said lawyers. (D) The Commission requested that Greece respect the ruling of the ECJ (case C-74/06), which stipulates that Greece cannot surcharge second-hand vehicles bought elsewhere in the EU. Although the legislative amendment introduces a system of depreciation based on kilometres, it would still discriminate against this category of vehicle.
Taxation. (A) The Commission has decided to refer Belgium to the European Court of Justice over measures which allow tax exemptions for interest paid by domestic banks, but not for interest paid by foreign banks. The interest that Belgian residents receive on their savings is subject to different tax treatment depending on whether it is paid by a domestic bank or a foreign bank. (B) Finland will have to explain to the ECJ why its legislation discriminates against foreign pension funds. The withholding tax applied to dividends paid to non-national funds is 19.5%, whereas that for Finnish funds is lower. (C) France is being taken to the ECJ because it demands that a provider that is not established on French territory be subject to VAT (value-added tax) and designates a tax representative in France. The Commission considers that this contravenes the VAT Directive. (D) Spain will receive a reasoned opinion requesting that the country end its tax regime on successions and donations, which imposes heavier taxes on non-residents and assets held abroad.
Patient rights. (A) The Commission is taking Spain to the European Court of Justice because the country only reimburses hospital or non-hospital care in cases of “vital emergency”. Spain systematically refuses to reimburse hospitalisation costs where the request for authorisation is submitted late, i.e. during or after treatment in another member state. (B) Slovakia will receive a reasoned opinion because it does not guarantee Slovak patients reimbursement of medical expenses paid in another EU country. (C) The same procedure applies to Denmark, which refuses to recognise medical prescriptions made out in another member state, apart from in some instances in Sweden and Finland.
Various. (A) Poland will have to explain to the ECJ why it has not transposed Directive 2007/46/EC, governing the registration of commercial motor vehicles. (B) Hungary will receive a reasoned opinion because it has inappropriately transposed Directive 2004/39/EC (MiFID) on financial market instruments and 2006/73/EC implementing framework directive MiFID. The provisions involved are linked to market transparency, investment company passports and investor protection. (C) The Commission has decided to conclude an infringement procedure against Ireland because its legislation no longer requires a company established on its national territory to employ at least one Irish person as a director or have at least one Irish shareholder. The new Irish legislation now imposes conditions but expands them to any EU or EFTA national. (D) There is also an infringement procedure involving sports bets in Italy. By getting rid of the national Olympic committee monopoly and the national horse breeders organisation (UNIRE), the new Italian legislation grants foreign operators access to the Italian market. (M.B./transl.fl)