Griekenland moet wetgeving aanpassen waarbij mediabedrijven worden uitgesloten van openbare aanbestedingen (en)

Following a letter of formal notice sent to Greece on 23 March 2005 and the reply from the Greek national authorities received on 7 April, the European Commission has decided to formally request Greece to change its law 3310/2005 which prevents companies "interconnected" with Greek mass media businesses from participating in procedures for the award of public contracts. The Commission considers that this law breaches the Community directives on public procurement and the principal of equal treatment of the participants, as well as the exercise of almost all the fundamental freedoms acknowledged by the EC Treaty. The Commission's request takes the form of a 'reasoned opinion', the second stage of the infringement procedure under Article 226 of the EC Treaty. In the absence of a satisfactory response within three weeks, the Commission may refer Greece to the European Court of Justice.

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

Law 3310/2005 implementing Article 14(9) of the Greek Constitution prevents companies interconnected with Greek mass media businesses from participating in public procurement proceedings. The Commission considers that this is contrary to secondary Community law (the Directives on public procurement), in that it lays down exclusion criteria that are not provided for in the Directives, and does not respect the equal treatment of participants. It is also contrary to 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 three weeks to reply and reserves the right to ask the Court, if it brings the matter before it to lay down the requisite interim measures, i.e.d the suspension of the application of law 3310/2005 .

The Commission is prepared to work together with the Greek authorities and to examine proposed solutions.

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