Press Release: Public procurement: Commission examines discriminatory specifications in supply contracts for computers in four Member States

The European Commission decided on 13 October 2004 to formally ask France, the Netherlands, Finland and Sweden for information on certain invitations to tender launched by authorities in those countries for the supply of computer equipment. The Commission wonders whether it was compatible with the public procurement Directives to require the procurement of Intel microprocessors or microprocessors using a specific clock rate. Reference to a specific brand would, in the Commission's view, constitute a violation of Directive 93/36/EEC on public supply contracts, while merely specifying a clock rate - which is insufficient for assessing the performance of a computer - would be contrary to Article 28 of the EC Treaty, which prohibits any barriers to intra-Community trade. The Commission's requests were in the form of letters of formal notice, the first stage of the infringement procedure under Article 226 of the EC Treaty.