“Now you see it, now you don't.” Reminiscent of monks “fasting” by baptising meat to fish, the European Commission managed to change its mind on a European state company at a very critical stage, potentially affecting the whole of Europe's Gambling Industry and opening Pandora's box for all kinds of shady interests to invade one of the most sensitive areas for European Societies. The Greek state Gambling company, “OPAP” was always considered to be a “public undertaking”. During the past few years, the Commission itself (DG MRKT) conducted a series of in – depth investigations on OPAP, considering the company to be a “public undertaking”. The “miracle” of meat to fish transformation manifested itself last July, while the OPAP privatization procedure, part of the general privatization drive Greece has undertaken under the EU/ECB/IMF gentle directions, is at it's latest stage, with final conclusion of a deal to sell a major part of OPAP's equity stumbling on the resolution of criminal judicial procedures regarding 2 tenders. And then comes a “Deus ex Machina”, a quite common conclusion in classical Greek Tragedy. Replying to a question by Theodoros Skylakakis MEP (ALDE) and prominent Greek politician, the Commission informed the European Parliament that it has come to the conclusion that OPAP “does not fulfill the criteria established by the directive 2004/18/EC in order to be considered as a public undertaking in the meaning of this Directive”on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. In such situation, contracts signed between this company and technology providers would not be covered by EU public procurement rules.” But it is not just a “Greek Tragedy”. It can develop into a European Tragedy, where the “Chorus” will be Europe's youth, caught by the song of gambling “Sirens”, with public and EU oversight marginalized by a surprising and inexplicable change of attitude towards “public undertaking”. Given the Social ramifications of such a sudden leap and in a effort to explain miracles, New Europe has asked for the release of documents under Regulation 1049/2001 (access to documents) . Perhaps the Legal Opinion ruling the change of status of OPAP and all other related documents will shed some light on yet another mystery. Even if this is not just a legal issue.
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