5On 12 April 1995, the Commission official responsible for the said programme sent a fax (‘the fax at issue’) to the programme coordinators in Poland, the Czech Republic, Hungary and Romania, telling them that ‘although presenting very good proposals and providing satisfactory training programmes, this company [NEC] is not presenting the minimum level of financial guarantee to be consider [sic] as a reliable partner’. He made it clear to them that NEC had, in connection with the performance of a contract in Hungary, ‘systematically forgot[ten] to pay its suppliers, forcing our [Commission] staff there to continuously face justified claims on behalf of the Hungarian authorities’. Since the Commission had heard that NEC was intending to offer its services to other eastern European countries, he strongly recommended them not to consider any proposal issued by that company, in order to avoid problems which might harm the image of the PHARE programme. Finally, he asked them to pass his message on to any other person concerned by the management training activities.
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