Brussels, 18/01/2005 (Agence Europe) - The scam has decided to take five Member States to the European Court of Justice for violating European public procurement law (Germany, Spain, Greece, Italy and Portugal) and has sent a series of Reasoned Opinions and concluded a case of proceedings against the United Kingdom.
Germany. The Commission has decided to pursue seven infringement cases against Germany. Germany will be referred to the Court over the award by the municipality of Hinte of a concession for waste water disposal services. The Commission believes no transparent award procedure was carried out as required under EU law as interpreted by the Court of Justice (C-324/98, Telaustria). Reasoned opinions are being sent to the German authorities in six other cases. service contracts for the transport of works of art for temporary exhibition, broadband cable services in Eisenhüttenstadt, waste disposal services in the Rhein-Neckar Kreis, waste disposal services in the German Landkreise (districts) of Rotenburg (Wümme), Harburg, Soltau-Fallingbostel and Stade, consultancy services, public relations services and advertising services in the Federal State of Brandenburg, and planning services in the town of Oestrich-Winkel.
Spain. The Commission has decided to bring Spain before the Court of Justice in connection with a case of incorrect implementation of Directive 89/665/EEC on the application of review procedures to the award of public supply and public works contracts. The Commission considers that Spanish law is not in line with the Directive on the grounds that by allowing the award to coincide with the conclusion of the contract it denies unsuccessful tenderers the possibility of challenging, in good time, the validity of the award decision and taking legal action against it at a stage when infringements can still be rectified. The Commission has also decided to send Spain a reasoned opinion on incorrect implementation of Directive 92/50/EEC relating to the coordination of procedures for the award of public service contracts. The Commission considers that Spanish law, even after an amendment in 2003, does not correctly implement the concept of bodies governed by public law within the meaning of the Directive, since it excludes certain bodies governed by private law, such as foundations, from the definition and hence from the scope of the Directive.
Greece. The Commission has decided to refer Greece to the Court of Justice over irregularities in the award of several contracts to provide technical assistance to Greek farmers. In 2001 it directly awarded contracts for the management of a framework programme and for the detailed implementation of that programme, without following the procedures for notification and competitive tendering required under the Common Agricultural Policy. The Commission has decided to send it a reasoned opinion on irregularities in the tender procedure for the construction of a thermoelectric plant in Lavrio.
Italy. The Commission has decided to bring an action against Italy before the European Court of Justice for infringement of Community law on public procurement if the Italian Parliament, before which the question is currently pending, fails, within three months, to withdraw the provision set out in Article 44 of Law 724/1994 (in conjunction with Article 6 of Law 573/1993), which has already, been the subject of a reasoned opinion. The Commission considered that this provision was contrary to the abovementioned Community rules to the extent that it authorises contracting authorities in Italy to renew a public supply or service contract without any tendering procedure. The Commission also intends to bring Italy before the Court of Justice for infringement of Directive 92/50/EEC on public procurement in the choice, by the competent authorities, of operators to provide the service of processing all the urban waste produced in Sicily by converting it into electricity. Italy is being sent a Reasoned Opinion over light helicopters for the Police and the National Fire Brigade (two similar cases have been taken to court), building and managing a motorway in Lombardy, and management of ambulance services in Tuscany.
Portugal. The Commission has decided to bring two cases of incorrect implementation by Portugal of Directives 93/38/EC and 92/13/EC before the Court of Justice. The first of these Directives concerns the coordination of procurement procedures in the water, energy, transport and telecommunications sectors. The Commission considers that Portuguese law is not in conformity with Community legislation, particularly as regards its scope and application thresholds, deadlines for receipt of bids, competition and abnormally low bids.
UK. The Commission has decided to close infringement proceedings against the United Kingdom following a change of position on the part of the United Kingdom Government concerning Registered Social Landlords. Registered Social Landlords are providers of social housing in the United Kingdom, which have met the requirements of EU law.
The Commission has sent two Reasoned Opinions to Finland over infringements in awarding contracts for airport services for the Finnish government. It is sending the Land of Carinthia in Austria a Reasoned Opinion over selecting a service provider from a limited number of companies operating in Austria that already had an establishment in the Austrian State of Carinthia without organising a prior bid.