Brussels, 21/12/2004 (Agence Europe) - The European Commission has decided to take 5 Member States to the European Court of Justice over failure to properly apply EU rules on professional qualifications and copyright. Infringement proceedings have been opened regarding four Member States over freedom of establishment and the freedom to supply services.
Professional Qualifications. The 1998 German Psychotherapeutengesetz sets over-strict rules for certificates required to work as a psychotherapist for health insurance bodies, setting an upper limit for the number of psychotherapists that fails to take into account professional experience in other Member States. Luxembourg has introduced language tests for lawyers from other Member States, which contravenes Directive 98/5/EC but for all three official languages (German, French and Luxemburgish). The Commission is also unhappy about lawyers from other Member States not being allowed to set up companies and the fact that every year, lawyers must provide a certificate from the bar society in their country of origin.
Copyright. The European Commission has decided to refer Spain, Ireland and Portugal to the European Court of Justice for failure to implement fully into national legislation the public lending right provided for by Directive 92/100/EEC on rental right and on certain rights related to copyright. Portugal is also to be referred to the Court for failure to implement correctly the rental right set out in the same Directive. The Directive aims to ensure that the rights of authors and others who create cultural products are protected throughout the European Union when their works are lent or rented and thus that their ability and incentive to create is maintained.
Freedom to supply services. The European Commission has taken action to put an end to obstacles to the freedom of establishment and to the free movement of services in four Member States. It has decided to take Italy and Luxembourg to the European Court of Justice for failure to comply with the Court judgement which in 2003 had criticised their legislation on patent agents. The Commission has also decided to take Italy to the Court over national legislation on out-of-court debt collection. The Commission is taking Austria to court over its regulations on regular inspections of pressure vessels (e.g. boilers). The Commission has also made formal requests asking two Member States to amend their legislation: France, for its system of awarding hydroelectric concessions, and Italy, for its legislation on security services. Europe will return to the Italian security services case.