WRITTEN QUESTION E-2992/00 by Daniela Raschhofer (NI) to the Commission. Directive 89/665/EEC on review procedures concerning the award of public contracts.
Date: 2000-09-20
Institutions: European Parliament, Provisional data
Subjects: Upper Austria, legal action, national implementing measure, public contract

C 103 E/236

Official Journal of the European Communities

EN

3.4.2001

(2001/C 103 E/276)

WRITTEN QUESTION E-2992/00

by Daniela Raschhofer (NI) to the Commission

(20 September 2000)

Subject: Directive 89/665/EEC on review procedures concerning the award of public contracts

Have the provisions of the Upper Austria Provincial Law on the Award of Contracts relating to the
1.
individuals, governed by Directive 89/665/EEC (1) on the application of review
legal protection of
procedures to the award of public supply and public works contracts, been duly amended in transposition
of the Directive?

2.

If so, why? If not, why not?

How many sets of proceedings for Treaty violations have so far been initiated against Austria in

3.
connection with the directives on the award of public contracts?

(1) OJ L 395, 30.12.1989, p. 33.

Answer given by Mr Bolkestein on behalf of the Commission

(26 October 2000)

1.
Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations
and administrative provisions relating to the application of review procedures to the award of public
supply and public works contracts was transposed by the Province of Upper Austria (Ober(cid:246)sterreich) by
Law of 5 May 1994 (1), as amended by Law of 23 January 1997 (2). The Commission finds that the
transposal by the Province of Upper Austria does comply with the Directive, subject to the point below.

In a judgment of 28 October 1999 relating to an Austrian case (3), the Court of Justice found that
2.
(cid:145)the Member States are required to ensure that the contracting authority(cid:146)s decision prior to the conclusion
of the contract as to the bidder in a tender procedure with which it will conclude the contract is in all
cases open to review in a procedure whereby an applicant may have that decision set aside if the relevant
conditions are met, notwithstanding the possibility, once the contract has been concluded, of obtaining an
award of damages.(cid:146) According to the Commission(cid:146)s interpretation, this judgment implies that Austria is
required to change all its legislation in the field of public contracts, including the relevant law in Upper
Austria. In this respect, the Commission has contacted the Austrian authorities with a view to monitoring
the legislative procedure to ensure compliance.

3.
As regards the (cid:145)public contracts(cid:146) directives in general, the Commission has so far initiated seven
infringement proceedings against Austria: three proceedings for non-transposal and four for improper
application.

(1) O(cid:246). LGBl. 59/1994.
(2) O(cid:246) LGBl. 34/1997.
(3) C-81/98, not yet published in the reports.

(2001/C 103 E/277)

WRITTEN QUESTION E-3028/00

by Isidoro SÆnchez Garc(cid:237)a (ELDR) to the Commission

(26 September 2000)

Subject: Uptake of Cohesion Fund project commitment appropriations

With regard to projects covered by the Cohesion Fund, what has been the uptake of the commitment
appropriations for each and every one of them to 31 August 2000, by each of the recipient countries,
namely Spain, Portugal, Greece and Ireland?