91997E3907

WRITTEN QUESTION E-3907/97 by Cristiana Muscardini (NI) to the Commission (11 December 1997)

Subject: Infringement by the Commune of Mantua of Directives 92/50/EEC and 93/38/EEC on the award of public service contracts

1. Has the Commission assessed the substance of the accusation by the minority groups on the Mantua City Council that the City Council breached Community legislation by awarding contracts for health inspection and occupational health and safety services without calling for tenders?

2. Is the Commission aware of the Mantua City Council's failure to apply Directives 92/50/EEC ((OJ L 209, 24.7.1992, p. 1. )) and 93/38/EEC ((OJ L 199, 9.8.1993, p. 84. )) when it set up a joint-stock company, with majority public funding, as a partner, to which it awarded the contract for operating the City Council's data-processing services?

3. Does the Commission agree with the Council groups' interpretation that the decisions of Mantua City Council constitute 'infringements'?

4. What action does the Commission intend to take against these infringements, if they are confirmed?

Answer given by Mr Monti on behalf of the Commission (3 February 1998)

1. and 2. The Commission is currently examining in detail the cases referred to by the Honourable Member.

3. The Commission's appraisal of these matters will enable it to establish whether or not the Community rules governing public service contracts have been infringed.

4. The Commission will be certain to apply the procedure provided for in Article 169 of the EC Treaty if that should prove necessary.