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Europe Daily Bulletin No. 9098
Contents Publication in full By article 19 / 31
GENERAL NEWS / (eu) eu/infringements/internal market

Infringement proceedings against Italy, Belgium and Luxembourg over freedom to supply services

Brussels, 28/12/2005 (Agence Europe) - The European Commission has taken action on obstacles to the freedom of establishment and to the free movement of services in Italy, Belgium and Luxembourg. 1) Italy is to be sent to the European Court of Justice over its legislation that requires providers of payroll services in Italy to enrol in a specific register, whereby only consulenti del lavoro (employment consultants) or those deemed equivalent in law may offer payroll services in Italy. In addition, the Commission has formally requested Italy to modify its legislation on the secondment of non-EU employees where the prior authorisation requirement under a visa scheme for non-EU nationals is incompatible with the EC Treaty. Italy has two months in which to reply, failing which the Commission may take the case to the European Court of Justice. 3) The Commission has also formally requested Belgium in the form of a reasoned opinion to modify its legislation on the installation of alarm systems. Belgian legislation restricts the activities of installing, commissioning and maintaining such systems solely to undertakings which have been approved as private security undertakings and this is incompatible with the freedom to supply services. Belgium has two months in which to reply. 3) The Commission is sending Luxembourg a further reasoned opinion requesting it to comply immediately with the 2004 judgment of the Court of Justice on the secondment of non-EU employees, with regard to the requirement for such employees to have a work permit. If Luxembourg does not comply, the Commission can ask the Court to impose daily fines.

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