Brussels, 22/03/2010 (Agence Europe) - On Thursday 18 March, the European Commission took eight member states to the European Court of Justice.
Referral to European Court of Justice (ECJ). A) Germany is taken to the ECJ with regard to its rules on repayment of cross-border medical insurance provisions. German legislation stipulates that the reimbursement rate for provision received during a temporary stay in another member state differs from the rate adopted when national provision is made. According to the Commission the same rule should be applied for dependency provisions received in other member states. B) Belgium imposes a limitation on temporary job agencies which have not yet been set up but which seek to provide services on Belgian territory, as well as a determined legal form for the said agencies. The Commission considers that these are disproportionate requirements. C) Portugal requires that any non-established patents agency is subject to preliminary registration when providing temporary services to the national markings office. The country will have to explain itself to the ECJ. D) Greece, the Netherlands, Poland and Portugal will appear at the European Court of Justice for not having completely transposed Directive 2007/44/EC setting out procedures and criteria applicable to the prudential evaluation of acquisitions and increased shares in the capital of financial institutions, a law that has been applicable since March 2009. E) The ECJ has to reach a decision in the case involving Poland, which has failed to implement directive 2003/41/EC governing surveillance activities of professional pensions institutions. F) Austria and Luxembourg will appear at the court for having failed to communicate, despite an initial finding against them, the measures transposing Directives 2008/74/EC on emissions from private cars and light utility vehicles (Euro 5 and 6) (C-2009/127) and 2006/42/EC amending the “ Machines” directive (C-2008/686) respectively.
Public procurement. A) The Commission has decided to take Portugal to the European Court of Justice over its legislation (law No.12-A/2008) on restricting access of individuals to public service markets. The latter have to obtain preliminary authorisation from the Ministry of Finance. B) Austria will receive a reasoned opinion requesting that it provide explanations on procedures for awarding contracts launched by the Gesundheits- und Spitals-AG hospital body providing fresh foodstuffs. The Commission believes that the period planned for framework agreements and certain requirements regarding the documentation infringe European legislation. C) A reasoned opinion has been sent to Germany requesting it explain itself with regard to the subject of allocating (without creating the conditions for competition) contracts for getting rid of and processing waste by Landkreis de Wesermarsch. This company has a mixed public-private economy managed by this local body and a private company. It was awarded an initial multiannual contract and was chosen again for providing bio-waste recovery services, without there being any competition. D) The Commission has sent two reasoned opinions to Hungary: - the first targets the new legislative provision prohibiting tender bidders calling on third parties to execute a contract if they do not have a “majority influence” on these entities; the second, involves the unjustified use of the negotiated procedures for awarding a supply contract worth €13 million by the Hungary Central Purchasing Office Központi Szolgáltatási Fõigazgatóság. E) Spain will also be sent a reasoned opinion and will have to provide explanations with regard to the allocation of school transport service markets in the Castile la Mancha region. Announcements were not published in the EU Official Journal. The deadline for replies only required eight days and regular service providers concerned/or holders of a quality certificate (ISO standard) were given preference.
Financial services. A) Reasoned opinions were sent to nine member states (Belgium, Cyprus, Greece, Spain, France, Luxembourg, Netherlands, Portugal and Sweden) warning them about their failure to transpose Directive 2007/36/EC on the rights of quoted company shareholders and which has been applicable since August 2009. B) A formal letter of notice was sent to Spain asking the country to explain how it had complied with the third anti-money laundering directive (2005/60/CE) applicable since December 2007.
Austria. A) Austrian real estate legislation imposes authorisation procedures for the acquisition of former agricultural land. The Commission believes that these restrictions contravene the principles of free movement of capital and freedom of establishment. Subsequently, it is calling on Austria (reasoned opinion) to amend this legislation in the form of a reasoned opinion. B) Austria will also receive a formal letter of notice because it requires patent agents to have an address on its territory. Despite an initial decision against Austria (C-564/07), the country has not officially communicated to the Commission any information regarding modifications made to its legislation. C) By way of a reasoned opinion, Austria is called on to comply with the first ruling by the European Court of Justice requesting that it communicate the measures transposing the following directives: - 2009/19/EC on radio-electric parasites produced by motor vehicles (C-2009/492); - 2008/43/EC on a system for identifying and tracing explosives for civilian use (C-2009/431). (M.B./transl.fl)