Brussels, 14/01/2000 (Agence Europe) - The European Commission has decided to send France a "reasoned opinion" inviting it to abolish restrictions practised towards performers' agencies. The reasoned opinion represents the second stage of infringement proceedings. If no satisfactory response is received within two months, the Commission may take the matter before the Court of Justice.
A note from the spokesman's service gives the following details on French restrictions criticised by the Commission: "Article L762-9 of the French Labour Code provides for foreign firms to act as performers' agents in France only if there is a reciprocity agreement between France and their country of origin. A reciprocity condition of this nature is incompatible with the Community principle of non-discrimination with regard to the right of establishment and the freedom to provide services.
Article L762-1 of the Labour Code also establishes a presumption of paid employment in the case of any performing artist wishing to work on a temporary basis in France. The presumption may be dispensed with in the case of performers established as self-employed persons in another Member State only if they are also registered with the French social security scheme, even for the provision of a service, or if they bear all the economic risks involved in organising the relevant performance in France. The presumption would appear to be disproportionate in relation to the objective of ensuring the necessary welfare protection".