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Europe Daily Bulletin No. 9327
GENERAL NEWS / (eu) eu/internal market

Commission launches and pursues impressive range of infringement procedures

Brussels, 13/12/2006 (Agence Europe) - On 13 December the European Commission decided to launch and pursue a range of infringement procedures for non-respect of Community provisions on the internal market.

Belgium has been formally been requested to provide the Commission with its observations involving provisions on complementary health insurance proposed by private health funds competing with insurance companies.

Another reasoned opinion has been sent to the Dutch authorities requesting that they amend their regulation on “unjustifiable” postings, in the framework of provision of services, of workers from some new Member States on their territory.

In public procurement, reasoned opinions have been sent to Spain for end its practices involving the use of discriminatory technical specifications for purchasing or renting information technology materials, and in the area of public worker, for building a plant residues processing factory in Motril, Grenada. It also decided to go to the European Court of Justice against Greece over the call for tender procedure launched for a rail project in Thriasio and the adjudication procedure followed for the construction of a thermo-electric plant in Atherinolakkos, Crete. It also decided to send reasoned opinions to Austria concerning a contract for supplying and maintenance of software materials; Germany for rescue service transport and Poland with regard to the acquisition of automatic coastal radar monitoring equipment.

In the field of professional qualifications, the Commission officially requested Germany (via a reasoned opinion) to amend its legislative provisions on recognition of dentistry qualifications. It also decided to take France to the Court of Justice over its rules applied to the diploma for canyon guides. France will also receive a reasoned opinion requesting its compliance with a Court decision of 2004 on the application of Community rules to the recognition of specialised youth worker qualifications. The Court decided to take Portugal to Court for not having implemented Community rules on recognising biological pharmaceutical diplomas and Spain for the rules in applies when recognising hospital pharmaceutical diplomas.

In free movement of services The Commission has decided to refer Austria to the European Court of Justice over its rules which discriminate against nationals from eight member States that joined the EU in 2004 wishing to establish a company in Austria. Nationals from those Member States are subject to a specific procedure which requires that they prove they have a substantial influence on the decision-making in the company before their company can be registered. The Commission has also decided to send Austria formal requests to modify its legislation on the free movement of services for patent agents and obliging doctors to open an account at a specific bank. The Commission has decided to send an additional formal request to Germany on its application of a bilateral agreement with Poland in relation to the construction sector. The Commission has also decided to send Germany a further reasoned opinion requesting it to comply immediately with a 2006 Court judgement concerning the posting of third-country nationals by EU companies. Italy will receive a formal requesting it to modify its legislation restricting the activities of companies involved in gas and electricity distribution. The Commission has decided to take France to the Court over its legislation demanding Head architects in charge of French monuments to be French. The Commission also invited Paris, by way of a reasoned opinion, to provide information on the carrying out of a Court decision regarding restrictions hampering placement agencies for artists and free-lance artists wanting to work in France. It decided to officially request that France (another reasoned opinion) to amend its legislation restricting opportunities for sworn translators working in France and its legislation regarding biological analysis laboratories.

The Commission has also begun and continues to pursue procedures against France, Germany and Portugal. Idem for the non respect of other directives on the internal market involving the following countries: Cyprus, Luxembourg, Sweden, Portugal, Belgium, Estonia, France, Greece, Italy, Slovakia and Spain. EUROPE will be returning to these last procedures. (ol)

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