Comisa Europeana fata in fata cu achizitiile publice.

Public procurement: infringement proceedings against Spain concerning award of contracts for the supply of helicopters.

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.

Public procurement: infringement proceedings against Austria concerning award of planning services in Güssing.

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.

Public procurement: Commission pursues infringement procedures concerning implementation of Remedies Directive in Belgium, France and Ireland

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.

Public procurement: infringement procedures against Ireland concerning contracts for Dundalk bypass motorway and animal identification tags.

The European Commission has decided to refer Ireland to the European Court of Justice over the award of a works contract for the Dundalk bypass motorway and its national legislation in the field of public procurement remedies. The Commission has also decided to send Ireland a formal request concerning the award of a contract for the supply of animal identification tags. 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 Czech Republic regarding regional bus transport services.

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.

Public procurement: Commission closes infringement proceedings against France concerning Law on public project contracting and its relationship to private project management ("Loi MOP")

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.


Credits Mr. Ion Georgescu
Certified Management Consultant (CMC)
Institutul Roman de Training