WRITTEN QUESTION No. 2841/97 by Roberta ANGELILLI to the Commission. Irregularities in the tender procedure regarding computerization of the Italian Ministry for Education
Date: 1997-09-01
Institutions: ANGELILLI, European Parliament
Subjects: Italy, application of EU law, award of contract, complaint to the Commission, information technology applications, invitation to tender, ministry, public contract, restriction on competition, supplies contract













EUR-Lex - 91997E2841 - EN






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91997E2841

WRITTEN QUESTION No. 2841/97 by Roberta ANGELILLI to the Commission. Irregularities in the tender procedure regarding computerization of the Italian Ministry for Education  


Official Journal C 117 , 16/04/1998 P. 0076 





WRITTEN QUESTION P-2841/97 by Roberta Angelilli (NI) to the Commission (1 September 1997)Subject: Irregularities in the tender procedure regarding computerization of the Italian Ministry for EducationArticle 85 of the Treaty stipulates that: 'The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market'.In Written Question P-1972/97 ((OJ C 45, 10.2.1998, p. 132.)), the Commission's attention was drawn to a situation which might constitute a breach of Article 85, namely the award by the Italian Ministry for Eduction of a contract for the computerization of its services worth 640 billion lire to a temporary consortium consisting of EDS Electronic Data Systems Italia SpA and Ferrovie dello Stato SpA (Italian State Railways).By selling off the company Telesistemi Ferroviari in August 1996 while the tender procedure was in progress, Ferrovie dello Stato SpA would seem to have lost its operational capacity in the IT sector, thus casting doubt on its ability to meet the tender requirements. This matter was raised in the opinion delivered by the State Legal Advisory Office in December 1996, which ruled that the consortium was unfit to take part in the tender procedure.The award of the contract to a consortium deemed unfit to take part in the tender procedure would suggest that the rules of competition have been breached.In the light of the above considerations, will the Commission say:1. Whether the sole purpose of the temporary consortium comprising EDS and FS was to bid for the contract in question and whether this fact might have a bearing on the Commission's decision regarding a possible breach of Article 85 of the EC Treaty?2. Whether it considers the temporary consortium fit to take part in the tender procedure?3. What response it has received from the Italian authorities regarding compliance with the rules on public contracts and what its views are on the matter?Answer given by Mr Monti on behalf of the Commission (21 October 1997)The agreement in question was not notified to the Commission, which is therefore unable to form an opinion as to its compatibility with Article 85 of the EC Treaty. However, the fact of forming a partnership with another company to help in obtaining a public contract would not in itself constitute a breach of the prohibition laid down in that article.Shortly after answering written question P-1972/97 from the Honourable Member, the Commission received a complaint about the public service contract for the computerisation of the Italian Ministry for Education. On the basis of information supplied by the complainant, the Commission is in the process of drafting a letter to the Italian authorities asking specific questions about the award procedure.