EC adds to Greece’s Woes – public procurement infringement proceedings in ECJ

As if Greece did not have enough to worry about? The European Commission has twisted the knife and has decided to refer The Greeks to the Court of Justice for failing to ensure full compliance with EU rules on public procurement as regards the purchase of an information system for the Social Security Foundation (IKA). In particular, Greece has failed to fulfil its commitment, made under Directive 2004/18/EC in February 2012, to launch a new tendering procedure for the award of the above contract, without the illegal clauses included in the original call for tender.

The Commission sent a reasoned opinion to Greece in October 2011 asking it to comply with EU law (see IP/11/1263). As the final reply of the Greek authorities was not satisfactory, the Commission has decided to refer the case to the EU Court of Justice.

In their initial reply to the Commission’s October 2011 reasoned opinion, the Greek authorities undertook a commitment to launch a new tendering exercise without the aforementioned illegal clauses. However, the new call for tender was not launched; instead, the Greek authorities informed the Commission that they had decided to extend the current contract.

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