EU Infringement Cases
| 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. Cyprus The Commission has decided to refer Cyprus to the European Court of Justice over the tendering procedure launched by the Electricity Authority of Cyprus (EAC) for the award of the public contract for the design, supply and construction of the 4th Unit of the Vasilikos Power Station. More specifically, the Commission found that: 1) the provisions of the invitation to tender were not applied in a uniform way during the procedure in question, by rejecting an offer on the basis of criteria which were not clearly mentioned in the call for tenders and by accepting a candidate who did not respect the requirements on experience; 2) the complainant was not provided in due time with the necessary information concerning the reasons for his rejection so that the latter could have formed an effective procedural defence. By acting in this way, Cyprus has infringed its obligations under Articles 4(2) and 33(1) of Directive 93/38/EEC coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors, as well as Article 1(1) of Directive 92/13/EEC as interpreted by the Court of Justice. Greece The Commission has decided to send Greece a reasoned opinion under Article 228 of the EC Treaty, following the judgment of 18 December 2007 in which the Court of Justice found that the Greek legislation, which allows a negotiated procedure to be used without a prior call for tenders for the award of public contracts for the supply of certain types of medical equipment is not in conformity with Community public procurement law. The Commission took the view that the measures communicated by the Greek authorities to comply with the Court's judgment were incomplete. The Greek authorities have failed to reply to the letter of formal notice sent to them in connection with this case. The latest information on infringement proceedings concerning all Member States can be found at: |
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