Brussels, 19/05/2015 (Agence Europe) - After more than two months of prevarication on the question of introducing the minimum wage in Germany and its consequences on the European road haulage sector, the European Commission finally reached a decision on Tuesday 19 May to begin infringement procedures.
The Commission justified its decision to send Germany a letter of formal notice, despite its reiteration of a specific point, the fact that it is “fully supporting the introduction of a minimum wage in Germany”, which is in line with the commitment made by the Juncker Commission on social policy. It is therefore not even the principle of the minimum wage regime that is now being contested but the very particular way with which Germany has decided to apply it. Germany is very likely to have been the first member state to introduce such a regime on the basis of a territorial approach, which therefore applies to all transport operations on its soil or transiting the country (see EUROPE 11266).
It is therefore because of the approach adopted, which was today described by the Commission as “disproportionate” compared to the principles underpinning the free provision of services and the free movement of goods, that an infringement procedure has been launched. A press release indicated that “the Commission considers that the application of the Minimum Wage Act to all transport operations which touch German territory restricts the freedom to provide services and the free movement of goods in a disproportionate manner”. Germany now has two months to reply to the Commission. (Jan Kordys)