Political yet illegal decision on Paks non-tendering infringement

Posted on 2017.11.20.2017.12.08.

Here below, you can find the documents I received following an access to documents request regarding the documents of the infringement procedure point towards the fact that the European Commission took a political decision in closing the infringement procedure. And this political decision is against EU law.

The infringement that had been initiated following my complaint, was closed on 17th November 2016. The documents clearly show that the initial arguments of the Hungarian party on international agreements and the financial package that would accompany the Russian offer were dismissed by the Commission. Consequently, in the Commission’s view also there should have been an open call for the project.

In the spring of 2016, after the official reply to the letter of formal notice, Hungary made for the first time counter-arguments of technical exclusivity which had also been dismissed on service level initially by the EC and 4 scenarios were envisaged at this stage of which the closure of the case is clearly stated to be a political solution. This option was taken and the Minister for the Prime Minister’s Office personally thanks the Commissioner for their smooth cooperation.

The letter of Alexander Italianer, Secretary-General of the European Commission

LIST OF DOCUMENTS IN CASE 2016/6535

1 Note for the launch of the interservice consultation on the letter of formal notice (LFN) in infringement procedure NIF 2015/4231-4232 concerning the PAKS NPP project, with Annex (draft LFN), dated 10/11/2015, Ref No Ares(2015)4966089 and also this letter

2 Interservice consultation – the comments of the Legal Service to draft LFN, dated 10/11/2015, Ref No Ares(2015)4975167

3 Interservice consultation – DG ENER opinion, dated 11/11/2015
The first part of this document

4 Interservice consultation – DG COMP opinion, dated 11/11/2015
The second part of this document

5 Interservice consultation – DG TRADE opinion (with comments to draft LFN in Annex), dated 13/11/2015
The third part of this document and its annex

6 Letter of formal notice sent to Hungarian authorities (Hungarian language version), dated 20/11/2015, Ref No SG-Greffe(2015)D/13441

7 Reply of the Hungarian authorities to the letter of formal notice (with Annexes A and B), dated 21/01/2016, Ref No Ares(2016)358726

8 Note on the assessment of the Hungarian reply to the letter of formal notice, dated 10/02/2016, Ref No Ares(2016)710709

9 Report on the meeting with Hungarian representatives on 12 February 2016, dated 15/02/2016, Ref no Ares(2017)495511

10 Report on the meeting between Commissioner Bienkowska and Hungarian authorities on 12 January 2016, dated 19/02/2016, Ref No Ares(2016)882647

11 Flash report on the meeting with Hungarian authorities, dated 02/03/2016, Ref No Ares(2017)495771

12 Follow-up to the Note on the assessment of the Hungarian reply to the letter of formal notice (Ares(2016)710709), dated 04/03/2016, Ref No Ares(2016)1129955

13 Report on the meeting with Hungarian authorities on PAKS case, dated 09/03/2016, Ref No Ares(2017)495909

14 Flash report on the meeting of 22 April 2016 with Hungarian authorities on PAKS, dated 25/04/2016, Ref No Ares(2017)496490

15 PAKS – Flash report on the technical meeting of 28 April 2016 with Hungarian authorities, dated 29/04/2016, Ref No Ares(2017)496571

16 Flash report on the meeting with Hungarian authorities on PAKS – 3 June 2016, dated 06/06/2016, Ref No Ares(2017)496889

17 Flash report on the meeting of Cabinet of Commissioner Bienkowska with Hungarian authorities, dated 09/06/2016, Ref No Ares(2017)496962

18 Flash report on the meeting between DG GROW and Hungarian authorities on 14 June 2016, dated 15/06/2016, Ref No Ares(2017)497022

19 Flash report on the phone call between Hungarian authorities and DG GROW, dated 21/06/2016, Ref No Ares(2017)497110

20 Flash report on the meeting of DG GROW with Hungarian authorities on 24 June 2016, dated 24/06/2016, Ref No Ares(2017)497322

21 Flash report on the meeting of DG GROW with Hungarian authorities in Budapest on 5 July 2016, dated 07/07/2016, Ref No Ares(2017)497409

22 Flash report on the meeting of DG GROW with Hungarian authorities on 12 July 2016, dated 12/07/2016, Ref No Ares(2017)497467

23 Commitment letter from Hungarian authorities to Commissioner Bienkowska, dated 4 August 2016, Ref No Ares(2016)4123594

24 Note for the launch of the interservice consultation on the closure of infringement procedure NIF 2015/4231-4232 concerning the PAKS NPP project (with Annexes 1 and 2), dated 24/08/2016, Ref No Ares(2016)4766008 and its annex

25 Interservice consultation – DG TRADE comments, dated 26/08/2016
The first part of this document

26 Interservice consultation – DG ENER opinion, dated 30/08/2016
The second part of this document

27 Interservice consultation – DG COMP and DG TRADE opinion, dated 02/09/2016
The third part of this document

28 Day Note of 17 November 2016 (SEC(2016)469/4) concerning the Commission decision closing infringement procedure 2015/4231-32 (with Annex (SEC(2016)475/2)), Ref No Ares(2017)162348 and its annex