Naleving EU-wetgeving inzake verzekeringen, openbare aanbestedingen en bedrijfsrecht: Commissie start juridische procedures tegen zes EU-lidstaten (en)

The European Commission has decided to pursue infringement proceedings against six Member States to ensure that they implement Internal Market laws correctly.

In the area of insurance, the Commission has decided to send Italy a supplementary formal request to modify its legislation requiring all insurers that are licensed to provide third party motor liability insurance in Italy to offer insurance for all categories of insured in all regions of Italy. The Commission has also sent Finland a formal request to modify its rules relating to transfer stickers and transfer insurance. These requests take the form of "reasoned opinions", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.

In addition, the Commission has closed a case against Greece concerning Greek rules imposing a mandatory membership in the Greek National Association of Insurers for all undertakings providing motor insurance services in Greece.

In the area of public procurement, the Commission has decided, under Article 228 of the EC Treaty, to send a letter of formal notice asking France for full information on its execution of a European Court judgement concerning French law on consulting services related to major construction projects.

Finally, in the area of company law, the Commission has asked Cyprus and the Czech Republic to submit their observations on their implementation of certain EU Directives. These requests take the form of letters of formal notice, the first stage of infringement procedures under Article 226 of the EC Treaty. In the absence of a satisfactory reply within two months, the Commission may decide to issue a formal request to amend the legislation, in the form of a reasoned opinion.

Italy - third-party motor liability insurance

The Commission has sent a supplementary reasoned opinion to Italy in relation to Italian legislation requiring all insurers that are licensed to provide third-party motor liability insurance in Italy to offer insurance for all categories of insured in all regions of Italy. The Commission has received several complaints regarding this issue. The obligation to contract is linked to an obligation for insurance undertakings to calculate their tariffs in accordance with the technical bases used for setting premiums during the last five years. In the Commission's view, this regulation of tariffs is contrary to the principle of tariff freedom as laid down in the Third Non-life Insurance Directive (92/49/EEC). Moreover, given that the tariff control rule applies also in relation to undertakings having their head offices in other Member States, the Commission takes the view that the regime is also contrary to the fundamental internal market principle of home state control.

Finally, the Commission considers that the obligation to contract is as such an unjustified restriction to the principle of freedom of establishment contained in Article 43 EC and to the principle of the free provision of services contained in Article 49 EC.

A reasoned opinion was sent to Italy in October 2005. In their reply, the Italian authorities have mainly argued that the rules are necessary in order to ensure that all drivers can get insurance in all parts of Italy. Whilst recognising that consumer protection and public order arguments can justify restrictions to the fundamental freedoms, the Commission believes that there are less restrictive means to achieve this goal. The Italian authorities are given two months to respond to the supplementary reasoned opinion.

Finland - transfer stickers and transfer insurance

The Commission has sent a reasoned opinion to Finland concerning rules relating to transfer stickers and transfer insurance. A person who permanently resides in Finland is obliged to demand a transfer sticker and take out a transfer insurance covering third party liability when he imports a vehicle into Finland or when transferring the vehicle through Finland to a third country, regardless of whether the vehicle already is insured in another Member State. The Finnish regime allows vehicles to be used temporarily in Finland without being taxed or registered in Finland. In the Commission's view, the transfer sticker cannot to be considered a registration plate. Hence, when brought into Finnish territory, a vehicle is still to be considered to be registered in the Member State that issued its registration plates and, according to the principle of the localisation of the risk, the risk remains located in that latter State. Consequently and in accordance with the Motor Insurance Directives, the insurance taken out in the State of registration should - under normal circumstances - remain valid. In addition, the Finnish regime undermines the Community motor insurance principle that the insurance shall be valid throughout the Community based on a single premium. The Finnish authorities are given two months to respond to the reasoned opinion.

Greece - closure of case on mandatory membership of Greek National Association of Insurers

The Commission has closed a case against Greece concerning Greek rules imposing a mandatory membership of the Greek National Association of Insurers for all undertakings providing motor insurance services in Greece. In the Commission's view, this mandatory membership was contrary to the rules of the Non-Life Insurance Directives which have established the principle of home state control over insurance undertakings. Moreover, the Greek rule restricted the fundamental principles of freedom of establishment and free provision of services as regulated by Articles 43 and 49 EC. Given that Greece has now adopted legislation abolishing the mandatory membership requirement, the case could be closed.

France - Law on the control of public works ("MOP" law) and its link with the control of private works

The Commission has decided to send France a letter of formal notice pursuant to Article 228 of the Treaty as part of infringement proceedings against the country following the Judgment of 20 October 2005 in which the European Court of Justice found that, by passing a national law restricting a particular type of service contract - delegated supervision - to an exhaustive list of legal persons under French law, France had failed to fulfil the obligations incumbent on it under Directive 92/50/EEC regarding the award of public service contracts, and under Article 49 of the Treaty.

Although the French authorities have adopted a statute that amends the provisions in question by allowing works supervision to be carried out henceforth by any public or private person, they have not yet taken the appropriate measures to fully execute the Court judgment, since the competitive tendering and publicity rules applicable to the award of the various types of appointment contracts in the field of public works and coming under Directive 92/50/EEC have yet to be defined under French law. This being the case, the Commission takes the view that the Court judgment has only been partially executed.

Cyprus and Czech Republic - company law

The Commission has decided to send five letters of formal notice to Cyprus asking it to submit its observations on its implementation of the First, Second, Third, Sixth and Eleventh Company Law Directives, which the Commission believes may be incomplete. In parallel, following the letter of formal notice sent in December 2005 the Commission is continuing to scrutinise the Cypriot capital market legislation (notably its provisions on the forced reimbursement of shareholders funds) in view of its possible incompatibility with EU capital maintenance rules. The Commission also sent a letter of formal notice to the Czech Republic asking it to submit its observations on its legislation on takeover bids, which the Commission believes may be incompatible with the EU Directive on takeover bids.

The latest information on infringement proceedings concerning all Member States is available at:

http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm