Luxembourg, 16/12/2003 (Agence Europe) - A construction company cannot be submitted to the obligation of registering on the roll of craftsmen in another member state where it is undertaking work if this registration 'delays, complicates or renders erroneous' the provision of services in the hosting member state. Of course, this is on condition that the company fulfils the conditions foreseen by the directive on the recognition of professional qualification applicable to these activities in the said member state, indicates the Court of Justice in its 'Schnitzer' ruling.
Bruno Schnitzer, manager of a German company, was criminally prosecuted before the German courts for infringement of German legislation relating to the fight against undeclared work. The cause: he entrusted a Portuguese company, Codeigal-Construção, Decoração e Isolamentos de Portugal L da, with carrying out large scale 'plastering' works in Bavaria.
German legislation only authorises the undertaking of artisan activities to persons that are registered on the roll of craftsmen. In 2000, the town of Augsburg imposed an administrative fine on the German company's management for having used the services of a company not registered on the roll of craftsmen, between 1994 and 1997.
Questioned, the Court of Justice explained that the Portuguese company provides services that come under the provisions of the Treaty on the free provision of services, unless the company is seen as located in Germany.
However, the Court stated, the fact that the Portuguese company provides services in Germany in a more or less frequent or regular fashion, and 'even over a prolonged period' does not suffice to consider it as established in Germany.
The obligation to register on the roll of craftsmen constitutes a restriction to the free provision of services, which is not justified by imperious reasons of general interest, such as, for example, the aim of guaranteeing the quality of the work undertaken, explains the Court of Justice.