Commissie verzoekt Duitsland EU-wetgeving tegen discrimatie na te komen (en)

The European Commission i has decided today to take action to ensure non-discriminatory treatment for European citizens with regard to real estate by asking Germany to fulfil its obligations under the Treaty on the Functioning of the European Union (TFEU) and to guarantee on its territory the principles of non-discrimination, free movement of European citizens, free movement of workers, freedom of establishment and free movement of capital. The Commission considers that Germany is failing to comply with Articles 18, 21, 45, 49 and 63 of the TFEU. The Commission's request to Germany takes the form of a reasoned opinion. If the national authorities do not respond satisfactorily within two months, the Commission may refer the matter to the Court of Justice i.

What is the aim of the EU i rules in question?

The Treaty on the Functioning of the European Union requires Member States i to comply with the principle of non-discrimination between European citizens and to guarantee freedom of movement, whether it be for all European citizens, workers going to work in another country, European citizens wishing to set up and pursue their activity in another Member State, or for capital.

How is Germany failing to comply with these rules?

In Germany, a number of municipalities have introduced a special system aimed at favouring residents as regards access to property: they are able to buy building plots at lower prices than those which non-residents have to pay for similar plots.

What problem does this situation pose for EU citizens and/or businesses?

As a result, European citizens who wish to come and live in one of those municipalities for family or professional reasons are placed at a disadvantage compared with residents and have to pay more than residents for a similar property. Once finally established, however, they participate in the economic life of the municipality in the same way as more long-standing residents.

The Commission considers that the discrimination introduced by these municipalities cannot be justified with regard to the fundamental principles of non-discrimination and free movement guaranteed by the treaty.

More information

Living and working in the single market:

http://ec.europa.eu/internal_market/top_layer/index_15_en.htm

Latest information on infringement proceedings concerning all the Member States:

http://ec.europa.eu/community_law/index_en.htm