Italy's “privileged” relations with Agusta under surveillance

(B2) Italy's repeated purchases - and without a call for tenders - from its favorite (national) helicopter manufacturer Agusta are somewhat irritating at Berlaymont, the seat of the European Commission. Who decided, on Wednesday (the same day when Agusta and the Italian Ministry of Defense announced a new contract (1), to send a "reasoned opinion" for an already old affair (the purchase by Italy, still at Agusta, of civil security helicopters).Italy is at great risk.It has, in fact, already been sentenced for this fact by the ECJ in 2008 (judgment C-337/05).Conviction in principle (without fine But the Commission considers that the government has done nothing to comply with the judgment.If the Court is again seized, it will be able, this time, to impose a fine.

Commission requests information from Italy

Certainly the Italian authorities have promised not to start again ... "Supply contracts awarded under this illegal practice cannot be put out to tender as they are almost fully executed". (...) For the future purchases of helicopters, (they) have undertaken to comply with the rules relating to public procurement". But the Commission, scalded by past examples, does not allow itself to be counted! The judgment of the Court "at least requires Italy to take the appropriate measures to ensure that EU rules on public procurement are respected in the future and that the Commission is regularly informed of the procedures that will be applied for the purchase of helicopters for a duration proportionate to that of the illegal practice". Or "(authorities) n'ont provided no information regarding planned or contemplated purchases, even long-term". The Commission considers that this information is necessary to ensure that the illegal practice has ceased. And has therefore raised its white baton, as a warning. If within two months Italy has not complied at her injunctions, she seized the Court again, this time with a fine (paid in one go) and/or penalty payment (daily) at the key...

When Italy forgets its obligations!

According to my information, to date, Italy has not informed the European Commission of the new contract signed with Agusta. Even if this seems strictly military, it can be considered that it falls within the scope of the obligations desired by the Commission. This announcement may seem like a provocation... In fact, it seems more like a legal trick. The reasoned opinion gives the normal scope of the debate before the Court. By publishing it that day, it is therefore naturally excluded from the scope of the debate... Moreover, Italy does not show perfect good faith in the execution of the judgments of the Court. And if there is a procedure, it could therefore backfire on the peninsula and not encourage the judges to show clemency...

(NGV)

(1) Italy buys 16 Chinook ICH-47F helicopters from AgustaWestland