Brussels, 29/10/2009 (Agence Europe) - On Thursday 29 October, the European Commission decided to undertake a new raft of proceedings against infringements of Community internal market rules. It also decided to move a number of other cases on to the next stage of the procedure.
In the area of free movement of capital, the Commission has decided to refer Poland to the European Court of Justice over its Act on Special Powers of the Treasury. The Commission considers that this Act and the exercise of the powers it grants over companies of special importance for public order or public security, together with implementing ordinances that grant special rights (consisting of the right to veto certain key management decisions as well as the right to appoint observers in the companies concerned) to the Polish State, infringe EC Treaty rules on the free movement of capital and the freedom of establishment. The 13 companies affected operate in several sectors including copper ore mining, media/audiovisual, railway infrastructure, electricity, gas and petroleum, motor spirits and diesel oil. The Commission has also decided to remind Spain, by means of a letter of formal notice (the first stage in the infringements procedure provided for under Article 226 of the EC Treaty), of its obligation to comply with a Court of Justice ruling of 17 July 2008, which found that, with regard to certain provisions of the legislation that extends the powers of the Comisión Nacional de Energía (CNE), insofar as they implement a system of prior administrative approval, Spain had failed to fulfil its obligations under EC Treaty rules on the free movement of capital (Article 56) and the right of establishment.
In financial services, the Commission decided to refer Spain to the European Court of Justice over its failure to lay down effective, proportionate and dissuasive penalties in national law in relation to the EU Regulation on payer information accompanying transfers of funds. The Commission will also refer Estonia to the Court of Justice over its failure to implement the Statutory Audit Directive. Finally, the Commission will send a reasoned opinion (the second stage of the infringement procedure laid down in Article 226 of the EC Treaty) to Luxembourg over its implementation of the Market Abuse Directive. If it does not receive a satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice.
In the area of free movement of services, the Commission will send a reasoned opinion to Bulgaria relating to national rules that restrict the free circulation of EU lawyers and EU law firms in Bulgaria. The Commission will also refer Luxembourg to the European Court of Justice over its failure to reimburse the cost of medical tests carried out in another member state. And finally, the Commission will send Austria a letter of formal notice, under Article 228 of the EC Treaty, requesting compliance with a previous Court judgement on legislation obliging doctors to open an account at a specific bank.
In public procurement, a reasoned opinion has been sent to the Netherlands in relation to the award of a public contract for the supply and management of coffee machines by the Province of Noord-Holland. In the Commission's view, the tender procedure used by the Province of Noord-Holland did not meet the requirements of EU public procurement rules, thereby restricting competition.
In the area of professional qualifications, the European Commission has decided, under Article 228 of the EC Treaty, to send letters of formal notice to Belgium, France, Luxembourg and the United Kingdom, requesting compliance with judgments of the European Court of Justice on implementation of a directive on the recognition of professional qualifications. The Commission also decided, under the same Article of the Treaty, to send a letter of formal notice to Greece, requesting compliance with a judgment of the Court on implementation of a directive relating to the accession of Bulgaria and Romania to the EU. Finally, Greece will also receive a reasoned opinion under Article 228, requesting compliance with a judgment of the Court on the recognition of professional qualifications of opticians.
The Commission has decided to close two infringement proceedings against Austria and Germany over company establishment and patent agents respectively. The Commission says that new laws introduced following its previous 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, and patent agents are no longer required to have an address in Germany to be able to carry out any work at the German office of trademarks and patents. (O.L./transl.rt)