The European Commission has decided to bring actions before the
Court of Justice against France, Germany and Austria and to send
reasoned opinions (the second stage of infringement proceedings
under Article 169 of the EC Treaty) to Greece and Italy for
breaches of the Community rules on public procurement. The
infringements concern the following allegations:
- Failure to comply with Directive 93/38/EEC on procurement in
the water, energy and telecommunications sectors when awarding the
main supply contract for an automatic light rail transit system in
- Failure to fulfil obligations under Directive 77/66/EEC on
supply contracts, in relation to supply of mail sorting equipment
to DBP Postdienst in Germany.
- Failure to transpose all of the Directives on public
procurement in Austria.
- Restrictions on the free movement of goods (Article 30) in
relation to contract award procedures for supplies for public
hospitals in Greece.
- Breach of EC Treaty rules on the free movement of goods
(Article 30) and services (Article 59) and Directive 93/36/EEC on
public supply contracts in connection with public contracts awarded
for the supply of food products as part of the Italian government's
food aid initiatives.
- Breach of the Directive on public service contracts (92/50/EEC)
and the Treaty rules on freedom to provide services (Article 59)
concerning public contracts for town planning services for
municipal waste collection services in Italy.
These cases have been investigated in response to
complaints lodged with the Commission by firms adversely affected
by contract award decisions or as part of the regular checks
carried out by the Commission to ensure that Community directives
are properly transposed into national law.