Europese Commissie schrapt restricties vrij verkeer Oostenrijk en Duitsland (en)
IP/09/1639
Brussels, 29 October 2009
Internal Market: Commission action leads to removal of unjustified restrictions in Austria (company establishment) and Germany (patent agents)
The European Commission has decided to close two infringement cases against Austria and Germany in the area of free movement of services and freedom of establishment. The new laws introduced following the Commission's action will have real practical benefits for EU consumers and service providers: nationals from the Member States that joined the EU in 2004 can now establish a company freely in Austria, a patent agents are no longer required to have an address in Germany for any action at the German office of trademarks and patents.
Austria - nationals of new Member States no longer restricted from establishing companies in Austria
The Commission has closed a legal case against Austria regarding a law that severely restricted the possibility to establish a company in Austria for nationals from most of the Member States that joined the EU in 2004.
Under this law, nationals from Poland, Slovenia, Slovakia, the Czech Republic, Hungary, Latvia, Lithuania, and Estonia were required to undergo a lengthy procedure when they wanted to establish a company in Austria, in which each of the owners of the company had to prove that he/she actually has a substantial influence on the management of the company. For example, the registration of a company with four owners with equal shares was refused because the Austrian authorities deemed that none of them had a substantial influence on the management.
This constituted discrimination against nationals from the new Member States: there were no transitional arrangements relating to the freedom of establishment and nationals from these Member States should have been able to enjoy the full rights to establish a company in another Member State.
In 2006 the Commission decided to refer Austria to the European Court of Justice, and in December 2008 the Court decided that Austria was in violation of EU law and therefore had to change its rules. Austria has since complied with the ruling and fully removed the restrictions, so that nationals from the new Member States can now freely establish a company in Austria.
Germany - patent agents no longer required to have an address in Germany
The Commission has decided to close a legal case against Germany regarding a law that required patent agents to have an address in Germany for any action at the German office of trademarks and patents. In particular, this law required a patent agent established in another Member State and wishing to come temporarily in Germany provide a service to designate a representative having an address in Germany who could receive notifications of official documents.
The Commission took the view that these requirements were disproportionate and obstructed the freedom to provide services. Following the Commission's formal request in 2006, Germany has now changed its rules so that patent agents are required only to have an address in one of the EU Member States and can provide their services in Germany without unjustified restrictions.
This follows the closure in September 2009 of a similar case concerning the United Kingdom.
More information
Free movement of services and freedom of establishment:
http://ec.europa.eu/internal_market/services/principles_en.htm
Latest information on infringement proceedings concerning all Member States:
http://ec.europa.eu/community_law/index_en.htm