Eerste waarschuwing voor Griekenland inzake toegang bedrijven tot openbare aanbestedingen (en)

The European Commission has decided to ask Greece for its observations on the compatibility with EU law of Greek national law preventing companies "interconnected" with Greek mass media businesses from obtaining public contracts. The Commission's request takes the form of a letter of formal notice, the first stage of the infringement procedure under Article 226 of the EC Treaty.

EU public procurement law aims to ensure that all European companies have a fair chance to bid for public contracts. Open and transparent tendering procedures mean more competition, stronger safeguards against corruption, better service and value for money for taxpayers and, ultimately, a more competitive Europe. EU public procurement markets are worth over €1 500 billion, more than 16% of total EU GDP. The existing EU public procurement Directives have increased cross-border competition in procurement markets and reduced by around 30% the prices paid by public authorities for goods and services, according to a European Commission working document (see IP/04/149).

Greece - law on the mass media

The Commission has sent a letter of formal notice asking the Greek Government for its observations on the compatibility with Community law of the national provisions banning the award of public contracts to companies "interconnected" with Greek mass-media companies.

Article 14(9) of the Greek Constitution and the implementing law (3310/2005) declare a virtually total and absolute incompatibility between any activity or shareholding above a certain level in mass-media companies and the performance of public contracts. The Commission considers that this is contrary to both secondary Community law (the Directives on public procurement), in that it lays down exclusion criteria that are not provided for in the Directives, and primary Community law (the EC Treaty), in that it lays down measures that impede, or render less attractive, the exercise of almost all the fundamental freedoms acknowledged by the EC Treaty.

Given that the law in question is already producing its effects, the Commission has given the Greek Government two weeks to reply and reserves the right to ask the Court, if it brings the matter before it, to suspend the measure in question - particularly the application of law 3310/2005 - and to lay down the requisite interim measures.

The Commission is prepared to work together with the Greek authorities to render the legislation compatible with European law.

For further details on European public procurement policy and infringement procedures under way, see:

http://www.europa.eu.int/comm/internal_market/publicprocurement/index_en.htm

The latest information on infringement proceedings concerning all Member States is available at:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm