(translation of a Greek press release by FFII, Hellug, and the Law Firm Krystallidis & Associates)
Athens, 24 November 2008. Following a complaint that was submitted to the DG Internal Market of the European commission by the NGOs FFII and Hellug, the DG found that there are "serious indications of violation of community law that concerns public agreements". The DG sent a letter to Greece on 20 October 2008, asking for explanations.
According to the DG, the agreement between the Greek government and Microsoft, which was signed in 1 February 2006 and approved by the Parliament in 29 January 2008, seems to be a direct commissioning of procurement to Microsoft, without fulfillment of the related conditions that are provided for by the European Directive 2004/18 "on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts".
Vassilis Sotiropoulos, lawyer, associate of law firm "Krystallidis & Associates", comments: "Commercial agreements of the state with private enterprises must be scrutinised to make certain that they comply with community law. The reaction of the European Commission to the complaint that was submitted was immediate. Meanwhile, the letter of the Greek Ombudsman for delivery of the related documents by the Ministry of Economy is still unanswered. Until when will we be needing Europe to tell us our obligations?"
Panagiotis Kranidiotis, vice president of Hellug, comments: "In last January, during the voting of the agreement, the position that we could have was the de facto binding of the Greek state to a single vendor. However, with a sense of responsibility, we referred the legality check to those responsible: the services of the European Union. It is sad, as a Greek citizen, to realise that this sense of responsibility of a small association is matched by a quick-and-dirty irresponsibility of a mechanism that was insisting with certainty that the Memorandum of Understanding had been checked and that the proper European services had been notified."
Antonis Christofides, Greek representative of FFII, comments: "On the one hand we have the government, who kept the agreement secret for two years, ignoring questions by the Parliament and by organisations, and who repeatedly assured the Parliament that the European Union agrees with the agreement. On the other hand we have Microsoft, who said to the Parliament that the agreement is not binding. The conclusions of the European Commission are a relief. However, I am saddened by the fact that we need external help in order to see the obvious."
The Foundation for a Free Information Infrastructure (FFII) is a non-profit organisation dedicated to establishing a free market in information technology, by the removal of barriers to competition. The FFII was largely responsible for the rejection of the EU software patent directive in July 2005, working closely with the European Parliament and many partners from industry and civil society. CNET awarded the FFII the Outstanding contribution to software development award for this work, which was the result of years of research, policy, and action. Today we continue to defend your right to a free and competitive software market by working towards sane patent systems and open standards.
The Hellenic Linux Users Group (HELLUG) is a non profit association for the promotion of Linux. It organises educational and informational activities, lobbies organisations, supports communication within the Linux community, and encourages information technology research. The experience and expertise of its people is what makes HELLUG the most prestigious Linux-related Greek organisation, and one of the most acknowledged in issues of free software, information technology and networks.
"Krystallidis & Associates" Law Firm is handling the case in kind sponsorship.
