Inspectiediensten: De Commissie sluit twee zaken tegen Duitsland na nieuwe nationale wetgeving (en)
The European Commission has decided to formally close two infringement proceedings against Germany in the areas of vehicle inspection centres and agricultural organic production following the recent adoption of new national legislation that repealed the previous restrictions on the exercise of these activities by EU operators.
Vehicles inspection centres
The Commission decided to withdraw from pending Case C-369/08 and close definitively the infringement proceedings against Germany relating to restrictions on freedom of establishment of motor vehicles inspection centres, notably the compulsory and exclusive affiliation on a full-time basis of at least 60 independent experts and the employment of at most 30 experts as inspection engineers.
The Commission opened the infringement proceedings following written and oral questions of the European Parliament. In August 2008 the Commission referred the case to the Court of Justice, but in September 2008 the German authorities amended their legislation and repealed the restrictions. Inspection service providers form other Member States will now find it easier to establish their services in Germany.
Inspection bodies in the field of agricultural organic production
Following infringement proceedings against Germany, the Court of Justice on 29 November 2007 (Case C-404/05, Commission v Germany) declared that Germany was in breach of Article 49 of the EC Treaty concerning the free provision of services, by requiring private inspection bodies of organically-farmed products approved in another Member State to maintain an establishment in Germany in order to be able to provide inspection services there.
Germany complied with the Judgment of the Court by recently amending its legislation so that private inspection bodies in the field of organic production of agricultural products registered in other Member States are no longer obliged to establish themselves in Germany in order to be able to provide inspection services there. This will allow for cross-border provision of such services.
The latest information on infringement proceedings concerning all Member States can be found at: