IMPORTANT LEGAL NOTICE - The information on this site is subject to a disclaimer and a copyright notice.
No 29 (June 2002/Juin 2002/Juni 2002)
Austria: Remedies Directives
The Commission is taking Austria to the Court of Justice over incomplete transposition of public procurement remedies Directives 89/665/EEC and 92/13/EEC. These Directives require that all bidders for a contract should be able to appeal against the decision of the adjudicating authority before that decision is finally confirmed and the contract attributed and signed. These provisions are still missing in the Länder of Salzburg, Steiermark, Niederösterreich and Kärnten.
Austria: helicopter rescue service
The Commission has sent Austria a "reasoned opinion" asking it to remedy an infringement of Articles 43 and 49 of the EC Treaty on the right of establishment and the right to provide services throughout the European Union. The Austrian Interior Ministry signed a contract on 18 October 2000 with Christophorus Flugverein and the ÖAMTC (Österreichischer Automobil-, Motorrad- und Touring Club), for the provision of a helicopter rescue service. This contract was attributed without sufficient information being made available to the public, thus denying other service providers, notably those from other Member States, a fair opportunity to tender.
One Greek case closed...
Three reasoned opinions have also been sent to Greece. The first concerned the delay in transposing into national law of Directive 98/4/EC, which modifies Directive 93/38/EC to take account of the international agreement on public procurement within the GATT. The Directive covers the water, electricity, energy, transport and telecommunications sectors and was due to be implemented by February 2000. Greece has now informed the Commission of measures taken to transpose this legislation and the infringement procedure has been closed.
... Two Greek cases still open
The other Greek cases concern the award of specific public contracts without open competition. The Greek State Electricity Company (DEH) signed a contract for the construction of a system of pipe conveyors at Megalopoli. This contract was drawn up by direct negotiation with the supplier without publication of a call for tender in the Official Journal of the European Communities and without meeting the necessary conditions for an exemption to the requirement to publish such a call.
The Commission has sent another reasoned opinion to Greece over the award by the Athens Water Company (EYDAP) of a contract to transport effluent from Psytalleia. This was given without competition to the company "Perivallontiki S.A.", set up by a consortium of local authorities. The Commission does not accept the Greek government's argument that no other company could perform this task, as in the past three other companies have done so successfully.
Italy: final phase of projects
Italy has also been sent a reasoned opinion over contracts to complete part-finished projects which were awarded, by direct negotiation and without competition, by the Magistrature of the Po of Parma (an office of the Infrastructure and Transport Ministry) to companies which had performed earlier phases of the same projects. Article 7 of Directive 93/37/EC allows such awards only for a period of three years following the conclusion of the original tender process. The Commission considers that this period must be counted from the signature of the original contract and not from the completion of the work, and that therefore the awards in this case, made several years after that initial signature, contravene the Directive.