Brussels, 22/10/2001 (Agence Europe) - The European Commission has decided to refer France, Germany, Italy and Portugal to the Court of Justice for restrictions on the freedom to supply services (Treaty Article 49) and the freedom of establishment (Article 43):
- France - medical laboratories: The Commission is challenging a French law preventing medical laboratories established in another Member State from opening a branch or agency in France and from supplying cross-border services unless they have a licensed operating establishment in France. It also challenges the French social security code that only allows patients to reclaim the costs of medical tests by labs outside France if those tests are not available in France.
- Germany - patent agents: The Commission believes that the German law requiring patent agents established in other Member States to name as a representative another agent or lawyer established in Germany to be contrary to Article 49 of the Treaty.
- Italy - engineers: Italian public works legislation bans engineers from taking part in calls for tender for projects valued below EUR 200 000 except for particularly complex work that requires specific training.
- Portugal - private security firms: The Commission is challenging a Portuguese law whereby only companies with a certain amount of capital and offices in Portugal are allowed to provide security services. The law also forces employees to hold a card delivered by the Portugal authorities confirming that they acquired their professional qualifications in Portugal.
- The Netherlands - private security firms: Private security firms wanting to do business in the Netherlands have to get prior authorisation from the Dutch authorities even if they only wish to work on a temporary basis. They also have to supply all staff with a special permit, a "legitimatiebewijs" from the Dutch authorities and the Netherlands does not recognise equivalent professional qualifications obtained in other Member Sates. The Commission considers that these requirements violate EC Treaty Article 49.
- France - mining code: The French mining code bans private operators from requesting a permit to mine coal, only allowing the public body "Charbonnages de France" to mine coal. France has not yet respected its commitment to modify the code.
