WRITTEN QUESTION E-3355/02 by Antonios Trakatellis (PPE-DE) to the Commission. Ban on concluding public contracts with media companies.
Date: 2002-11-27
Institutions: European Parliament, Provisional data
Subjects: Greece, application of EU law, award of contract, competition law, disclosure of information, public contract, restriction on competition, shareholder

C 51 E/12

Official Journal of the European Union

EN

26.2.2004

(2004/C 51 E/012)

WRITTEN QUESTION E-3355/02

by Antonios Trakatellis (PPE-DE) to the Commission

(27 November 2002)

Subject: Ban on concluding public contracts with media companies

A new law adopted by the Greek Parliament (No 3021, Greek Government Gazette 19/0672002) prohibits
the conclusion of public contracts with natural or legal persons who are primary shareholders in media
companies. The same law defines a primary shareholder as anyone holding as little as 5 % of the total
share capital of a media company.

Given the difficulty of identifying ‘primary shareholders’ at both Community and international level, will
the Commission say:

(cid:1) whether the new law is consistent with Community law and to what extent it infringes the principle
of equality as a general principle of law in view of the fact that it will not be possible to scrutinise
either companies with registered offices in a Member State or off-shore companies as opposed to
domestic companies,

(cid:1) whether the Member States are required to cooperate with the corresponding national authorities in
identifying primary shareholders (provide information, carry out inquiries, etc), especially when no
corresponding scrutiny is provided for in their national legislation,

(cid:1) whether any delay in carrying out checks on Community companies constitutes an infringement of
the principle of equality and discrimination against them in relation to domestic companies, and to
what extent it is practicable and legally valid to preclude Community companies from concluding
public contracts if it is impossible to scrutinise them effectively?

Supplementary answer
given by Mr Bolkestein on behalf of the Commission

(18 September 2003)

The Commission has received the information it requested from the Greek authorities concerning Law
No 3021/19.6.2002 on this matter.

Given the complexity of this issue, the Commission has decided to make further enquiries and add this
matter to its portfolio of cases examined in the course of monitoring the application of Community law.

(2004/C 51 E/013)

WRITTEN QUESTION E-3844/02

by Theodorus Bouwman (Verts/ALE) to the Commission

(9 January 2003)

Subject: Hampering of trans-frontier employment and mobility of labour by tax convention between the

Netherlands and Belgium

A new double taxation convention has recently been concluded between the Netherlands and Belgium
which does not make any special provision for frontier workers. The rules governing taxation of wages
and salaries are more or less the same as those which determine the statutory social security system
applicable (Article 13 of Regulation No 1408/71 (1)). However, in a number of situations, including where
workers are posted for longer than 183 days and for workers in international road haulage, this is still not
the case.

In concluding the new double taxation convention, have the Netherlands and Belgium violated Article 10
(former Article 5) of the EC Treaty?