The Italian Government and European Commission (Commission) are currently in dispute over whether the participation requirements for the award of a contract to provide banking services to the University of Parma were discriminatory. Among the requirements, bidders needed to demonstrate that they had at least 12 offices in the commune of Parma and currently performed cash management activity for Italian universities for a level of bank transfers higher than €250 million. Italy considers that the requirements are objectively justified by the complexity of the services concerned and the need to cater for staff and students throughout the Parma region. The Commission however believes that the requirements are discriminatory and disproportionate and has sent Italy a reasoned opinion to this effect. If the matter is not resolved, the Commission has indicated it may refer the matter to the European Court of Justice.
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Dispute over whether contract specifications are discriminatory
- Nabarro LLP
- European Union, Italy
- February 17 2009
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd