No 3 (April 96/Avril 96/April 96)

The Commission sent a reasoned opinion (the second stage of infringement proceedings under Article 169 of the EC Treaty) to the Austrian authorities on February 21st 1996 for failure to apply correctly Community rules on public procurement.The case concerns the removal of the whole administration of the Land of Niederösterreich from Vienna to the new capital of that Land, St. Pölten. The regional government of Niederösterreich decided to build an entirely new "administrative district". The procedures contain a multitude of infringements such as non-publication of tenders in the Official Journal, local preferences, non-publication of the award criteria, and a regional law providing for an exemption clause which is not compatible with Community Law.

At a meeting held in Vienna in November 1995, the Commission insisted that the relevant Community legislation should be applied immediately. Despite this, the Austrian authorities' reply to the letter of formal notice sent on 15 December 1995 was not entirely satisfactory.

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