Germany faces art transport rap

Date: 11/04/02

By Laurence Frost

SINGLE market officials are investigating German public art galleries and museums for their alleged refusal to allow companies from other member states to transport their artefacts.

Officials working for Frits Bolkestein, the internal market commissioner, are acting on a complaint filed by Spanish shipping company Transportes Internacionales.

The Barcelona-based firm, which specialises in moving works of art and other delicate objects, says it has been denied contracts on numerous occasions because of discriminatory conditions set by museums across Germany. Spanish MEP Juan Ojeda, who is backing the formal complaint to the EU executive, says some institutions insist on a German transporter being used even when lending pieces for exhibitions staged by galleries in Spain.

'A Spanish firm may win a contract in Spain,' said Ojeda, 'but the German museums refuse to have their works of art transported by any firm other than their preferred German firm - thereby refusing to accept the result of a tender procedure organised in Spain.'

The conservative deputy says the practice breaches EU public procurement directives on the fair allocation of public contracts, as well as article 49 of the EU Treaty - which prohibits direct or indirect discrimination based on nationality.

A spokesman for Bolkestein confirmed that a full enquiry was now under way.

'A complaint has informed the Commission about the possibly discriminatory practice of German museums with regard to transporting paintings and works of art,' the spokesman said. 'We're still looking into it.'

The EU executive is considering whether to send Germany a formal request for more information on the practice, which would signify the start of legal action that could lead to infringement proceedings before the European Court of Justice.

Single market officials are investigating German public art galleries and museums for their alleged refusal to allow companies from other Member States to transport their artefacts.