Infringement 2006/4524 — AUMSA — pre-closure letter

2010/C 329/08

The object of infringement 2006/4524 was the creation of mixed companies by AUMSA, notably the creation of the mixed capital company Cabanyal 2010 SA, in breach of the EU public procurement rules, in as much as the creation of that company amounted to the award of a public contract by AUMSA in breach of the referred rules.

The Commission is satisfied that, at the end of the period fixed within the reasoned opinion sent to the Spanish authorities, the mixed company Cabanyal 2010 SA became a wholly publicly owned company with no private participation and that, consequently, the alleged breach ceased to exist.

For this reason, the pursuance of the alleged breach was abandoned by the Commission at the stage of referring the bundled Cases 2006/2366 and 2006/4524 to the Court.

Consequently, the services of the Commission will soon be proposing formal closure of this case to the College of Commissioners.

Should the complainants have any information capable of altering the referred assessment, they are invited to make them known to the Commission at their earliest convenience, and in any case within four weeks of publication of this notice.