Luxembourg, 10/07/2007 (Agence Europe) - In conclusions published on Tuesday 10 July in Case C-337/05 (the Commission vs. Italy) European Court of Justice Advocate General Jan Mazak confirmed the validity of the European Commission's views. The Commission accuses Italy of failing to meet EU regulations and open up for public tender the supply of helicopters used by various government departments. If the Court of Justice agrees with the advocate general's opinion (it usually does), then Italy will have to amend its equipment acquisition procedures.
For several years, Italy has been awarding all contracts for the supply of helicopters used by various government departments to the Italian company Agusta. This includes supplying the military arm of the fire brigade, the 'carabinieri', the national forestry service, coastguards, financial police, national police and the civil protection department. After sending Italy a warning letter and reasoned opinion but receiving no satisfactory response, the Commission took the case to the European Court of Justice in September 2005.
Italy argued that the various activities of the government departments in question were important for national security either because of their virtual military nature or because of the need for supplies to be compatible with equipment used by the military in emergency operations. National security is one of the reasons whereby a member state can claim exemption from the usual requirements of Council Directive 93/36/EEC on the award of public contracts.
Jan Mazak rejected this interpretation, arguing that the Italian state had not convincingly demonstrated that the purchase of the helicopters was linked to national security issues. He argued that the publication of the technical details of a call for tender for the planned use of the helicopters would not be a threat to national security and no vital interests would be at stake. The supply of the helicopters should therefore be covered by an open, public and transparent call for tender.
A representative of Finmeccanica, helicopter manufacturer Agusta's parent company, refused to comment. He said it was a question for the Italian government and the European Commission, adding that it was only the advocate general's opinion and not the Court of Justice's final ruling, which only matches advocate generals' opinions in 80% of cases. (cd)