Press Release: Public procurement: infringement proceedings against Spain regarding the joint ventures set up by IVVSA and AUMSA

The European Commission decided to send a formal request to Spain regarding the joint ventures set up by the publicly owned companies IVVSA and AUMSA. In this instance, the Commission considers that, by setting up joint ventures, IVVSA and AUMSA have, in some cases, awarded public procurement contracts to those joint ventures in contravention of certain provisions of Directives 92/50/EEC, 93/37/EEC and 93/36/EEC (now consolidated and amended by Directive 2004/18/EC) and in violation of the principle of equal treatment referred to in those Directives and in Articles 43 and 49 of the EC Treaty. This formal request by the Commission will take the form of a ‘reasoned opinion’, the second stage of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory response within two months, the Commission may refer the matter to the European Court of Justice.