Brussels, 29/12/2004 (Agence Europe) - As reported, the European Commission is taking several countries to the European Court of Justice over the freedom of establishment and the free circulation of services (see Europe of 21 December), namely Italy (patent agents, out-of-court debt settlements), Luxembourg (patent agents) and Austria (boiler inspections). The Commission has sent France a Reasoned Opinion over the granting of licences and Italy a Reasoned Opinion concerning private security agencies.
Italy and Luxembourg's legislation concerning patent agents does not comply with earlier Court of Justice rulings (in cases C-131/01 and C-478-01 respectively). Italy obliges patent agents to be listed on a national register and be resident personally or professionally in Italy, while Luxembourg obliges patent agents to choose to be established with an authorised agent in order to provide services.
In Italy, the business of seeking out-of-court debt settlements requires a licence from the competent authority in each of the 103 provinces (each licence only covers the province in question). Moreover, debt collectors must publicise their activities and fees are regulated.
In Austria, only bodies registered in Austria can be granted licences to regularly inspect pressurised equipment (like boilers). Boiler owners may only change inspection agency if authorised to do so by the authorities and only in cases of delay or negligence.