Greece referred to EU court over public procurements in construction

The European Commission on Thursday decided to refer Greece to the European Court of Justice for non-compliance with public procurement rules in the construction sector.

The Commission deemed that legislation requiring the compulsory registration for all approved national construction companies and the fact that they are divided into classes corresponding to a specific minimum and maximum budget range, is in breach of Directive 2004/18/EC and of the fundamental principles of equal treatment and non-discrimination.

“This system of compulsory registration results in the exclusion of companies that have the economic, financial, professional and technical capacity to perform a given contract from the tender, only because their financial capacity is different – usually greater – than the specific budget class which is allowed for a given procedure,” the European Commission said in its statement on Thursday.

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