Brussel onderneemt actie tegen Griekenland en Duitsland in verband met het vrije verkeer van de diensten en de vrijheid van vestiging (en)
The European Commission has decided to take action to ensure that the Internal Market principles of free movement of services and freedom of establishment are respected in Greece and Germany. The Commission has decided to send formal requests to Greece concerning its rules on the establishment of service stations and to Germany concerning its requirements for actions relating to trademarks and patents. These formal 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. The Commission has also decided to send an official request for information to Germany concerning legislation that may restrict the establishment of retail facilities. This formal request takes the form of a ‘letter of formal notice’, the first 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 proceed to a ‘reasoned opinion’. Finally, the Commission has decided to close infringement proceedings against Austria in relation to restrictions on the free movement of bovine artificial insemination services.
Service stations - Greece
The European Commission has decided to formally request that the Hellenic Republic amend its rules on the establishment of service stations because certain rules on their opening and operation are incompatible with Article 43 of the EC Treaty, which guarantees the freedom of establishment.
In particular, the Commission contests the consistency and proportionality of the provisions on the location of fuel distributors, certification, opening hours and the minimum distances between service stations.
The requirement to have an address in Germany for actions relating to trademarks and patents - Germany
The Commission has decided to send a reasoned opinion to Germany over its rules on trademarks and patents. The legislation in question requires patent agents to have an address in Germany for any action at the German office of trademarks and patents. The Commission takes the view that such a requirement is disproportionate and obstructs the freedom to provide services as guaranteed under Article 49 of the EC Treaty.
The Commission has noted the intention of the German authorities to amend the rules concerned. However, in view of the delay in adopting the amendments and the continued existence of an infringement, it has decided to send a reasoned opinion.
Establishment of retail facilities - Germany
The Commission has decided to send an official request for information to Germany concerning legislation that may restrict the establishment of retail facilities in Germany. The Commission wishes to verify whether the measures in question are compatible with Article 43 of the EC Treaty, which guarantees the freedom of establishment.
The Commission draws the attention of the German authorities to the planning requirements for large-scale retail facilities contained in the planning laws of Nordrhein-Westfalen and the region of Stuttgart, as they limit the establishment of shops with a certain product range outside dedicated central supply areas and make it subject to the assessment of its economic effects. The Commission also points to the risk that the new law might hamper the proper implementation of the Services Directive, which must be transposed by the end of 2009.
Free movement of bovine artificial insemination services - Austria
The Commission has decided to close infringement proceedings against Austria concerning restrictions on the free movement of bovine artificial insemination services, following the adoption of new legislation in the Federal States of Salzburg and Tyrol which repealed the restrictions in question.
The latest information on infringement proceedings concerning all Member States can be found at: