EU Infringement Cases
Public procurement: Commission closes infringement procedure against United Kingdom over land contract in York 7 May 2010 The European Commission has decided to close a legal case against the United Kingdom concerning the award of a contract by City of York Council relating to the residential development of a piece of land known as "Osbaldwick". The initial contract did not comply with EU public procurement rules, meaning that an EU-wide tender process had not been undertaken and certain companies could have been denied the possibility to bid for the contract. The Commission started legal proceedings against the United Kingdom in order to have the contract reviewed. Now, the responsible authorities have recognised the need to follow EU rules and have reopened the contract to competition accordingly. Taxpayers can now be sure that the contract will be awarded to the company offering best value for money, while companies from all over the EU can now put in their bids for this important development. |
|
Public procurement: Commission calls on Czech Republic to respect public procurement rules for military aircraft 7 May 2010 The European Commission has today acted to ensure fair access to public contracts by asking the Czech Republic to comply with its obligation to award public supply contracts on the basis of public tenders. The Commission is concerned that the Czech Republic has breached EU public procurement rules by not opening up to EU-wide competition a contract for four military tactical transport aircraft. These rules are designed to ensure fair competition for public contracts in Europe, thereby creating opportunities for European companies while ensuring best value for public money. If they are not properly implemented, there is a risk of a closed market and waste of public money. The Commission's request to the Czech Republic takes the form of a reasoned opinion. If the national authorities do not reply satisfactorily within two months, the Commission may refer the matter to the Court of Justice. |
|
Public procurement: Commission acts to ensure fair access to waste disposal contract in Nordsachsen, Germany 7 May 2010 The European Commission has acted to ensure that EU rules on public procurement – the spending of public money by public authorities – are respected in Germany. The Commission is concerned that Germany has failed to fulfil its obligations by not reopening to competition a waste disposal contract in the former district of Delitzsch, now district of Nordsachsen, despite substantial modifications. Common public procurement rules are designed to ensure fair competition for public contracts on a European scale, thereby creating opportunities for European businesses and ensuring the best value for public money. If they are not properly implemented, there is a risk of a closed market and waste of public money. The Commission's request to Germany takes the form of a reasoned opinion. If Germany does not reply satisfactorily within two months, the Commission may refer this matter to the Court of Justice. |
|
Public procurement: Commission refers Netherlands to Court over contract award in Province of Noord-Holland 7 May 2010 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 Commission is concerned that the Netherlands has failed to fulfil its obligations under the EU public procurement rules. The aim of these rules is to ensure fair and transparent competition for public contracts in Europe, thereby creating opportunities for European companies while ensuring best value for public money. The Commission sent a reasoned opinion to the Netherlands in November 2009 asking it to comply with EU law. As no satisfactory reply was received, the Commission has decided to take the case to the Court. |
|
Public procurement: Commission takes action against Spain (school bus services) and Hungary (reform of national law, office equipment contracts) 19 March 2010 The European Commission has acted to ensure that EU rules on public procurement – the spending of public money by public authorities – are respected in Portugal. The Commission will refer Portugal to the Court of Justice over a national law making it very difficult for individuals, as opposed to companies, to be awarded public service contracts. If individuals are prevented from accessing these contracts, there is a risk that a particular contract will not be awarded to the bidder offering best value for money. Portugal has agreed to change its law but for the time being it remains in force. |
|
Public procurement: Commission takes action against Portugal to ensure that individuals have access to public service contracts 19 March 2010 The European Commission has acted to ensure that EU rules on public procurement – the spending of public money by public authorities – are respected in Portugal. The Commission will refer Portugal to the Court of Justice over a national law making it very difficult for individuals, as opposed to companies, to be awarded public service contracts. If individuals are prevented from accessing these contracts, there is a risk that a particular contract will not be awarded to the bidder offering best value for money. Portugal has agreed to change its law but for the time being it remains in force. |
|
Public procurement: Commission requests Austria and Germany to review award of contracts for food supply to Upper Austrian hospitals and for waste disposal in Wesermarsch (Lower Saxony) 19 March 2010 The European Commission has acted to ensure that EU rules on public procurement – the spending of public money by public authorities – are respected in Austria and Germany. Austria will receive a formal request to review contracts for the supply of fresh food to Upper Austrian hospitals. Germany will receive a formal request concerning the award of services for the disposal and recovery of waste by the Administrative District (Landkreis) of Wesermarsch. The breaches of EU public procurement rules in question mean that the bidder offering the best value for money is potentially being denied access to these contracts. These two formal requests take the form of 'reasoned opinions', the second stage of the infringement procedure under Article 258 of the EU Treaty. If there is no satisfactory reply within two months, the Commission may refer the matters to the Court of Justice. |
|
Public procurement: Commission calls on Greece to review urban planning contracts and to comply with Court ruling on medical devices 20 November 2009 The European Commission has decided to formally request Greece to review contracts for cadastral mapping and urban planning services awarded by the municipalities of Vasilika, Kassandra, Egnatia and Arethousa. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. The Commission has also decided, under Article 228 of the EC Treaty, to send Greece a letter of formal notice requesting full information on compliance with the 2009 judgment of the European Court of Justice concerning the supply of medical devices. |
|
| Public procurement: Commission refers Spain to Court of Justice over modification of contracts after award 20 November 2009 The European Commission has decided to refer Spain to the European Court of Justice over a series of provisions of the new Spanish public procurement law (Ley 30/2007 de contratos del sector público – LCSP) governing modification of contracts. |
|
| Public contracts: Commission refers Germany to Court of Justice over waste disposal service contracts awarded by city of Rostock 20 November 2009 The European Commission has decided to refer Germany to the European Court of Justice over the conclusion of a waste disposal service contract in 1998 with a contract period of 25 years and a contract value of approximately 150 million Euros between the city of Rostock and a mixed undertaking, and the amendment of that contract in 2004. Furthermore, the case also concerns the conclusion of an agreement in 2007 with a mixed undertaking concerning the provision of waste collection, treatment, recycling and street cleaning services with an annual contract value of 10.8 million Euros per year. All these contract awards or modifications have been carried out without the execution of tender procedures. |
|
| Public procurement: Commission closes infringement procedure against France concerning direct award of concessions to public bodies, as provided for under the 'Sapin Law' 20 November 2009 The European Commission has decided to send a formal request to The Netherlands concerning the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. In the Commission's view, the tender procedure used by the Province of Noord-Holland did not meet the requirements of EU public procurement rules, thereby restricting competition. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission closes infringement case against Slovakia after the cancellation of a service contract awarded by the Slovak Ministry of Infrastructure 20 November 2009 In 2007, the Slovak Ministry of Infrastructure awarded a public service contract for advertisement, translation, interpretation, legal and public procurement management services with a contract period until the year 2015 and a contract value of 90 million Euros. The contract was awarded following the publication of a notice for a period of 2 weeks by the Ministry on the notice board situated in a part of its premises with restricted access. Following a complaint in February 2009, the Commission considered that the means of publication in this tender procedure have been insufficient to ensure the Community law principle of adequate transparency due to the restrictions both in time and access to the relevant contract information. Consequently, a formal letter pursuant to Article 226 EC-Treaty was sent to the Slovak authorities in April 2009. The Slovak authorities responded to the Commission by informing about the cancellation of the service contract in May 2009. |
|
| Public procurement: Commission requests the Netherlands to review contract for supply and management of coffee machines in Noord-Holland 3 November 2009 The European Commission has decided to send a formal request to The Netherlands concerning the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. In the Commission's view, the tender procedure used by the Province of Noord-Holland did not meet the requirements of EU public procurement rules, thereby restricting competition. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission requests United Kingdom to review contracts for the provision of housing services awarded by Glasgow Housing Association without competitive tender 12 October 2009 The European Commission has decided to send a further request to the United Kingdom concerning the award of a number of services contracts by the Glasgow Housing Association relating to the management of its housing stock. In the Commission's view, these contracts were awarded without a competitive tendering process as required under EU public procurement rules. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission closes infringement case against Germany concerning public-public cooperation for IT contracts in Hamburg and North Rhine-Westphalia 12 October 2009 In light of recent judgements by the European Court of Justice, the European Commission has decided to close an infringement case against Germany concerning the award of information technology (IT) supply and service contracts by local and regional public authorities in Hamburg and North Rhine-Westphalia to public IT service providers. |
|
| Public procurement: Commission closes infringement case against Germany concerning public-public cooperation for waste treatment in Rhineland-Palatinate 12 October 2009 In light of recent judgements by the European Court of Justice, the European Commission has decided to close an infringement case against Germany concerning the award of public waste treatment service contracts by administrative districts (Landkreise) and public special purpose associations (öffentliche Zweckverbände) to other public entities in Rhineland - Palatinate. |
|
| Public procurement: Commission requests Spain to comply with Court judgment on review period between contract award and conclusion 12 October 2009 The European Commission has decided, under Article 228 of the EC Treaty, to formally request Spain to comply with a 2008 judgment of the European Court of Justice. In that judgment (case C-444/06), the Court ruled that Spain had failed to fulfil its obligations under the EC Public Procurement Remedies Directive (Directive 89/665/EC), by failing to provide for a mandatory waiting period between the award of the contract and its conclusion. The Commission considers that the Spanish authorities have not taken the necessary measures to fully comply with the judgment of the Court. |
|
| Public contracts: the Commission refers Spain to the Court of Justice concerning the joint ventures set up by the publicly owned company IVVSA 12 October 2009 The European Commission has decided to take Spain to the European Court of Justice regarding the joint ventures set up by the publicly owned company IVVSA. In this instance, the Commission considers that, by setting up joint ventures, IVVSA has, in some cases, awarded public procurement contracts to those joint ventures in contravention of certain provisions of Directives 92/50/EEC, 93/37/EEC and 93/36/EEC (now consolidated and amended by Directive 2004/18/EC) and in violation of the principle of equal treatment referred to in those Directives and in Articles 43 and 49 of the EC Treaty. |
|
| Public procurement: Commission requests Slovakia to review legal services contracts for motorway construction projects 12 October 2009 The European Commission has decided to send a formal request to Slovakia concerning the award of a legal services contract in 2007 in the context of the D1 motorway and R1 expressway construction project. In the Commission's view, these contracts were awarded without a sufficient level of advertising as required under EU public procurement rules. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission requests the Netherlands to review contract for land development in Eindhoven awarded without competitive tender 12 October 2009 The European Commission has decided to send a formal request to The Netherlands concerning the award of a public works concession by the Municipality of Eindhoven relating to the development of a community centre known as the "Doornakkers Centre". In the Commission's view, this contract was awarded without a competitive tendering process as required under EU public procurement rules. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public contracts: the Commission decides to take Greece to the European Court 29 June 2009 The European Commission has decided to bring Greece before the European Court of Justice on the basis of Article 228 of the EC Treaty. The Hellenic Republic has failed to take steps to comply with the Court's judgment of 18 December 2007 in Case C-481/06 on the conformity of Greek legislation, which allows a negotiated procedure to be used without a prior call for tenders for public contracts for the supply of certain types of medical equipment. |
|
| Public procurement: Commission sends formal request to United Kingdom over award of contract for development of land in city of York 29 June 2009 The European Commission has decided to send a formal request to the United Kingdom concerning the award of a public works concession contract by the City of York Council relating to the residential development of a piece of land known as "Osbaldwick". This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission refers Ireland to Court over public supply contract for animal identification tags 14 May 2009 The European Commission has decided to refer Ireland to the European Court of Justice over the award procedure by the Department of Agriculture and Food for a public supply contract for animal identification tags. |
|
| Public procurement: Commission sends formal request to Lithuania concerning contract for modernisation of railway radio communication system 14 May 2009 The European Commission has decided to send a formal request to Lithuania regarding the award of a works contract by Lithuania Railways (Lietuvos gelezinkeliais) for the modernisation of the railway radio communication system through the introduction of a GSM-R system. In the Commission's view, the use by Lithuanian Railways of the negotiated procedure without a prior call for competition was contrary to EU public procurement rules. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission requests Italy to comply with Court judgment on helicopter supply contracts 14 May 2009 The European Commission has decided, under Article 228 of the EC Treaty, to formally request Italy to comply with a 2008 judgment of the European Court of Justice. In that judgment (case C-337/05), the Court ruled that Italy had failed to fulfil its obligations under EU Public Procurement Directives, by following the long-standing practice of directly awarding contracts for the purchase of Agusta and Agusta Bell helicopters to meet the requirements of several military and civilian corps to Agusta SpA, without any competitive tendering procedure. The Commission considers that the Italian authorities have not taken the necessary measures to comply with the judgment of the Court, which obliges them to put an end to the illegal practice. |
|
| Public procurement: Commission sends formal request to Slovakia concerning award of electronic toll collection service by National Motorway Company 14 May 2009 The European Commission has decided to send a formal request to Slovakia concerning the award of the Electronic Toll Collection Service by the National Motorway Company. |
|
| Public procurement: Commission refers Ireland to Court over irregularities during award procedure for interpretation services by Department of Justice 14 April 2009 The European Commission has decided to refer Ireland to the European Court of Justice over the award procedure followed by the Department of Justice for a public service contract for interpretation services. |
|
| Public procurement: Commission sends formal request to Germany concerning award of services for collection and disposal of waste water by city of Hamm 14 April 2009 The European Commission has decided to send a formal request to Germany concerning the award of services for the collection and disposal of waste water by the city of Hamm to the water association Lippeverband in the year 2003 without carrying out tender procedures. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: Commission sends formal request to Germany concerning legal database services 14 April 2009 The European Commission has decided to send a formal request to Germany concerning the conclusion of public contracts for legal database services by the Federal Government and a number of German States. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. |
|
Public procurement: infringement proceedings against Germany concerning award of public works contract for construction of tax office building in Quedlinburg 25 March 2009 The European Commission has decided to send a formal
request to Germany concerning the conclusion of a public works contract
for the construction of a tax office building in Quedlinburg by the
German State of Saxony-Anhalt. This formal request takes the form
of a "reasoned opinion", the second stage of the infringement
procedure laid down in Article 226 of the EC Treaty. If there is no
satisfactory reply within two months, the Commission may refer the
matter to the European Court of Justice. |
|
Public procurement: infringement proceedings against Italy concerning direct award for supply of management consulting services for pharmacies. 14 April 2009 The European Commission has decided to send a reasoned
opinion to Italy concerning the direct award of a concession for the
supply of management consulting services for pharmacies. This is the
second stage of the infringement procedure as laid down in Article
226 of the EC Treaty. In the absence of a satisfactory reply within
two months, the Commission may decide to refer the matter to the European
Court of Justice. |
|
Public procurement: infringement proceedings against France concerning exclusive rights for vocational training in agriculture 25 March 2009 The European Commission has requested Italy to comply
immediately with two European Court of Justice judgements concerning
the renewal of a number of concessions for horse-race betting operations
and the award of public service contracts for the treatment of municipal
waste in Sicily. The requests take the form of 'reasoned opinions'
under Article 228 of the EC Treaty. |
|
Public procurement: Commission requests Italy to comply with two Court of Justice judgements 23 February 2009 The European Commission has decided to send a reasoned
opinion under Article 226 of the EC Treaty as part of infringement
proceedings against France concerning a French Rural Code provision,
adopted in 2005, which grants the Centre national pour l'aménagement
des structures des exploitations agricoles (CNASEA) an exclusive right
to provide regional and local authorities with services relating to
the management of public aid. The Rural Code provision in question
requires regional and local authorities to entrust the CNASEA with
the management of their financial aid and accompanying measures (including
the management of financial aid to trainees undergoing vocational
training) if those authorities do not wish to manage the aid themselves. |
|
Public procurement: infringement proceedings against Italy concerning bank services for University of Parma 2 February 2009 The European Commission has decided to send a reasoned
opinion to Italy concerning the award of a contract for banking services
for the University of Parma. This is the second stage of the infringement
procedure as laid down in Article 226 of the EC Treaty. In the absence
of a satisfactory reply within two months, the Commission may decide
to refer the matter to the European Court of Justice. |
|
Public procurement: infringement proceedings against Germany concerning procurement of waste disposal services by the city of Rostock 2 February 2009 The European Commission has decided to send a reasoned
opinion to Germany concerning the award of waste disposal contracts
by the city of Rostock to the Entsorgungs- und Verwertungsgesellschaft
mbH Rostock (EVG) and to the Stadtentsorgung Rostock GmbH (SRG) without
carrying out tender procedures. The contracts with EVG concerned the
conclusion in 1998 and subsequent modification in 2004 of a contract
with a duration of 25 years and a contract value of approximately
150 million Euros. The contracts with SRG in 2004 and 2007 concerned
the modifications of previous contracts with an annual contract value
of more than 10 million Euros per year. A reasoned opinion is the
second stage of the infringement procedure as laid down in Article
226 of the EC Treaty. In the absence of a satisfactory reply within
two months, the Commission may decide to refer the matter to the European
Court of Justice. |
|
Public procurement: Commission requests Portugal to amend discriminatory legislation on the award of certain public service contracts 2 February 2009 The European Commission has decided to send a formal
request to Portugal regarding its legislation on the award of certain
public service contracts, which in the Commission's view is not in
conformity with the Public Procurement Directives. This legislation
favours legal persons over individuals in the award of public services
contracts for certain specific tasks ("tarefa") and for the continued
provision of liberal profession services ("avença"). This formal request
takes the form of a "reasoned opinion", the second stage of the infringement
procedure laid down in Article 226 of the EC Treaty. If there is no
satisfactory reply within two months, the Commission may refer the
matter to the European Court of Justice. |
|
Public procurement: infringement proceedings against Spain 27 November 2008 The European Commission has decided to send a formal
request to Spain concerning its rules on modification of contracts
after their award, as contained in the new Spanish public procurement
law (Ley 30/2007 de contratos del sector público, LCSP). This formal
request by the Commission takes the form of a 'reasoned opinion',
the second stage of infringement proceedings under Article 226 of
the EC Treaty. If there is no satisfactory response within two months,
the Commission may refer the matter to the European Court of Justice. |
|
Public procurement: infringement proceedings against Cyprus and Greece 27 November 2008 The European Commission has decided to refer Cyprus
to the European Court of Justice over the award of a public contract
for Vasilikos Power Station. The Commission has also decided, under
Article 228 of the EC Treaty, to send a reasoned opinion to Greece
concerning its compliance with a judgment of the European Court of
Justice. |
|
Public procurement: Commission refers Germany to Court of Justice over award of waste disposal contract without competitive tender procedure 27 November 2008 The European Commission has decided to refer Germany
to the European Court of Justice over a public service contract for
the disposal of biodegradable and green wastes that the municipality
of Bonn had awarded to a private waste disposal undertaking without
a competitive tender procedure. |
 |
Public procurement: Commission asks Spain for information on compliance with Court judgement on public contract review procedures 27 November 2008 The European Commission has decided, under Article
228 of the EC Treaty, to send a letter of formal notice asking Spain
for full information on its compliance with a 2008 judgment of the
European Court of Justice concerning remedies in the field of public
procurement. |
 |
Public procurement: infringement procedures against Greece 16 October 2008 The European Commission has decided to send two formal
requests to Greece in the area of public procurement. The first concerns
the tendering procedure launched by the "Company for Water Supply
and Drainage of Athens" (E.YD.AP. S.A.) for the award of the project
“Main Drainage Collectors of the West Part of Thriassion Field”. The
second concerns a number of tendering procedures carried out by various
local authorities over the period between 2003 and 2005 relating to
the award of contracts for the supply of vehicles for the transport
of waste. These formal requests take the form of "reasoned opinions",
the second stage of the infringement procedure laid down in Article
226 of the EC Treaty. If there is no satisfactory reply within two
months, the Commission may refer the matter to the European Court
of Justice |
 |
Public procurement: Commission asks Italy for information on compliance with Court judgement on helicopter purchase contracts 16 October 2008 The European Commission has decided, under Article
228 of the EC Treaty, to send a letter of formal notice asking Italy
for full information on its compliance with a 2008 judgment of the
European Court of Justice concerning the award of supply contracts
for the purchase of helicopters. If the Italian authorities still
do not comply, the Commission will send a reasoned opinion to the
Italian government and, ultimately, can ask the Court to impose a
penalty payment. |
 |
Public procurement: infringement proceedings against Germany concerning road maintenance services and flight measure services 16 October 2008 The European Commission has decided formal requests
to Germany concerning the conclusion of public service contracts for
the maintenance of district roads by administrative districts (Landkreise)
in eight German States (Länder), and concerning the award of a public
service contract in 2002 for the provision of flight measure services.
These formal requests take the form of "reasoned opinions", the second
stage of the infringement procedure laid down in Article 226 of the
EC Treaty. If there is no satisfactory reply within two months, the
Commission may refer the matter to the European Court of Justice. |
|
| Public procurement: infringement proceedings against Ireland concerning award procedure for interpretation services by Department of Justice 19 September 2008 The European Commission has formally requested the Irish government to submit its observations on the compatibility with Community law of the procedure for awarding a contract for the provision of interpretation services by the Department of Justice. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
 |
| Public procurement: infringement proceedings against Spain regarding the joint ventures set up by IVVSA and AUMSA 19 September 2008 The European Commission has decided to send a formal request to Spain regarding the joint ventures set up by the publicly owned companies IVVSA and AUMSA. In this instance, the Commission considers that, by setting up joint ventures, IVVSA and AUMSA have, in some cases, awarded public procurement contracts to those joint ventures in contravention of certain provisions of Directives 92/50/EEC, 93/37/EEC and 93/36/EEC (now consolidated and amended by Directive 2004/18/EC) and in violation of the principle of equal treatment referred to in those Directives and in Articles 43 and 49 of the EC Treaty. This formal request by the Commission will take the form of a ‘reasoned opinion’, the second stage of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory response within two months, the Commission may refer the matter to the European Court of Justice. Read more |
|
| Public procurement: Commission sends formal request to Czech Republic regarding regional bus transport services 26 June 2008 The European Commission decided to send a formal request to the Czech Republic concerning the procedure followed by the Czech Region of Usti nad Labem for the award of a contract to a private undertaking for the provision of regional bus transport services. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
 |
| Public procurement: Commission requests information on Greece’s compliance with Court of Justice judgment 26 June 2008 The European Commission has decided to ask the Greek Government for information on the measures taken to comply with the judgment delivered by the Court of Justice of the European Communities on 18 December 2007 (C-481/06). The judgment concerns the compliance of Greek rules allowing use of the negotiated procedure without a prior invitation to tender for public supply contracts relating to certain medical equipment. Read more |
|
| Public procurement: Commission pursues infringement procedures concerning implementation of Remedies Directive in Belgium, France and Ireland 26 June 2008 The European Commission has decided to refer France and Ireland to the European Court of Justice over their respective national rules implementing the Remedies Directive in the field of public procurement. The Commission has also decided to send an additional reasoned opinion to Belgium concerning its national legislation in the same field. Read more |
  |
| Public procurement: Commission closes infringement proceedings against France concerning Law on public project contracting and its relationship to private project management ("Loi MOP") 26 June 2008 The European Commission has decided to halt infringement proceedings against France arising out of a judgment of 20 October 2005 in which the Court of Justice held that, by reserving the task of delegated project contracting to a named list of legal entities under French law, France had failed to fulfil its obligations under Directive 92/50/EEC on public service contracts and under Article 49 of the EC Treaty. Read more |
|
| Public procurement: infringement proceedings against Spain concerning award of contracts for the supply of helicopters 5 June 2008 The European Commission has decided to send a formal request to Spain concerning the conclusion of two framework agreements with the company Eurocopter for the supply of helicopters respectively to the Ministry of the Interior for national police and "Guardia Civil" and to the Ministry of Agriculture, Fisheries and Food for missions of surveillance and support of the national fishing fleet. Based on these framework agreements both Ministries have already awarded two contracts for the supply of helicopters: This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
|
| Public procurement: infringement proceedings against Austria concerning award of planning services in Güssing 5 June 2008 The European Commission has decided to send a formal request to Austria concerning the award of planning services in 2007 in the context of the extension of the Montecuccoli barracks in Güssing. The services amount to 2.5 million Euros and their value is thus more than 10 times higher than the threshold for the application of the European procurement Directive 2004/18/EC. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
 |
| Public procurement: Commission closes infringement case against Germany concerning an urban development project in Flensburg 5 June 2008 The European Commission has decided to close an infringement case against Germany concerning a land sale for urban development purposes by the public utility company of the city of Flensburg. Read more |
|
| Public procurement: infringement proceedings against Italy concerning public contracts awarded by City of Rocca Priora 6 May 2008 The European Commission has decided to send a formal request to Italy regarding the procurement of waste management and pharmacies management services by the City of Rocca Priora. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
|
| Public procurement: infringement proceedings against Germany concerning award of discount contracts by statutory sickness insurance funds 6 May 2008 The European Commission has decided to send a formal request to Germany concerning the award of discount contracts by some 240 German statutory sickness insurance funds. The framework contracts concluded by these sickness insurance funds concern the supply of pharmaceuticals via pharmacies and specify the discount levels that suppliers give to the sickness insurance funds which pay for the pharmaceuticals delivered to the insured population. They are either concluded for groups of pharmaceutical products containing specific medical substances or for the entire portfolio of pharmaceutical products of a supplier. Contractors are mainly large pharmaceutical suppliers. This formal request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. Read more |
|
| Public procurement: infringement proceedings against Italy and Germany concerning waste management services 3 April 2008 The European Commission has decided to send formal requests, in the form of reasoned opinions, to Italy and Germany concerning the procurement of water/wastewater management services and waste disposal services. The public contracts in question have been concluded in the context of structures of cooperation between public municipalities. The national authorities therefore invoke the "in-house" exception claiming that the award of the service contracts is excluded from the application of EC public procurement rules. Read more |
|
| Public procurement: Commission requests Italy to comply with Court of Justice judgement 3 April 2008 The European Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice to Italy requesting it to comply immediately with a 2007 European Court of Justice judgement concerning the award of concessions for horse-race betting services, without tender procedure. Read more |
|
| Public procurement: infringement proceedings against France 28 February 2008 The Commission has decided to make a referral to the Court of Justice of the European Communities against France concerning the provisions of the public procurement code relating to the "definition contracts procedure". Read more |
|
| Public procurement: infringement proceedings against Italy 31 January 2008 The European Commission has decided to refer Italy to the European Court of Justice over the procurement of waste management services by the city of Contigliano. Read more |
|
| Public procurement: infringement proceedings against Germany 31 January 2008 The European Commission has decided to refer Germany to the European Court of Justice over a contract for the supply of a software application. The Commission has also decided to send a reasoned opinion to Germany concerning the award of a public service contract for the disposal of biodegradable and green wastes by the municipality of Bonn. Read more |
|
GO e-book
Quick Links
- Want to receive GO?
- GO is free upon request for those directly employed by public sector organisations in a procurement orientated role (terms of controlled circulation apply). Suppliers can subscribe to GO for just £50.40 for 9 issues
- Download the GO Media Pack
- For information about advertising opportunities and how GO can help you reach key decision makers in the procurement marketplace.
- Take part in the GO Poll
- Cast your vote on the procurement issues that really matter.
Click cover to learn what's in the latest issue
GO magazine - Highly Commended Business and Professional Magazine Award 2008
