Brussels, 27/10/2011 (Agence Europe) - On Thursday 27 October, the European Commission decided to take action at the European Court of Justice against Germany, Austria and Greece - the only member states not to have fully transposed the services directive adopted in 2006, which was to have been implemented by December 2009. For the first time, the Commission is using a new possibility set out in the Lisbon Treaty, requesting the Court, as soon as a case is referred, to impose daily penalty payments on member states that have not fully transposed the directive by the time the judgment finding they have failed to fulfil their obligations is delivered. The penalties requested of the Court amount to €141,362.55 in the case of Germany, €44,876.16 in the case of Austria, and €51,200.10 for Greece. As the three countries have not taken, as the directive stipulates and despite the fact that reasoned opinions were sent in 2010 and 2011, all the measures likely to eliminate the unjustified legal and administrative obstacles to the trade in services in the internal market, they are hampering the provision of services or the establishment of operators from other member states, and thus deprive consumers and business of the services.
Furthermore, the Commission has referred the case of Lithuania to the Court. This country bans the registration on its territory of new or second-hand right-hand drive cars. The Commission considers that these restrictions are a disproportionate barrier to the import of such vehicles from other EU member states and, consequently, a barrier to the free movement of goods. It believes that, if a vehicle meets the requirements for EU type approval, then it may circulate in all member states, with right or left-hand drive. A reasoned opinion had been sent to Lithuania in November 2010, calling on it to put an end to the ban.
Finally, the Commission has sent reasoned opinions calling on: - Greece to ensure full compliance with EU rules on public procurement as regards the purchase of an information system, having detected restrictive clauses that prevent suppliers from other EU member states from public calls for tenders for the provision of an information system intended for the Greek Social Security Foundation (IKA); - Belgium to fully implement Directive 2009/49/EC that exempts SMEs from drawing up consolidated accounts and a consolidated annual report in order to reduce their administrative constraints. In both cases, the countries in question are expected to notify the Commission, within two months, of the measures they have taken to come into line with these demands, failing which they could be taken before the Court. (FG/transl.jl)