Brussels, 31/01/2008 (Agence Europe) - The European Commission decided on Thursday 31 January to launch and pursue proceedings for infringement of Community law in the following fields:
Internal market Swedish legislation restricting the provision and promotion of certain gambling services (Sweden, official request for information). Legislation limiting the provision of gambling services (Germany, official request for information). Special rights held by the State in Portugal Telecom discouraging investment from other Member States (Portugal, Court of Justice). Legislation on restrictions of the freedom of establishment in the retail commerce sector (Poland, official request for information). Choice of legal adviser for persons receiving legal aid (Sweden, reasoned opinion). Granting of public procurement for waste management services by the town of Contigliano (Italy, Court of Justice). Supply contract for a software application (Germany, Court of Justice) and granting of a public service contract for the destruction of biodegradable and vegetable waste by the municipality of Bonn (Germany, reasoned opinion). Incomplete transposition of the directives on capital requirements (Hungary, reasoned opinion; Spain, non-transposition, Court of Justice). Failure to transpose into domestic law the fifth directive on car insurance (Belgium, Czech Republic, Greece, Ireland, Malta, reasoned opinions). Non-transposition of the directive on markets in financial instruments (“MIFID directive”) (Czech Republic and Poland, Court of Justice) and non-transposition of its implanting directive (2006/73/EC) (Czech Republic, Poland, Spain).
Taxation Legislation on the VAT liability of deducting immovable property from a company's assets, for private reasons (Germany, formal notice). Inclusion of car registration tax on the amount on which VAT is levied in the case of supplies of road vehicles (Austria, Malta, Finland, reasoned opinions). Exclusion of services supplied by public legal aid offices from the scope of VAT (Finland, Court of Justice). Refund of VAT to non-resident taxable persons (UK, Court of Justice; Spain, reasoned opinion). Rate of VAT applied to operations carried out by funeral service companies (France, Court of Justice). Reduced rate of VAT applied to supplies of certain children's items and conditions for exemption applied to supplies of buildings or parts of buildings (Poland, reasoned opinions). Transposition into national legislation of the directive of 2005 amending the “mergers” directive and communication of national implementing measures (Belgium, reasoned opinion). Dividends paid to foreign pension funds subject to a higher rate than those paid to national pension funds (Germany, Estonia, formal notices). Dividends paid to foreign companies (Czech Republic, formal notice). Discriminatory rules applied to non-resident taxpayers (mainly artists, sportsmen and journalists) (Germany, supplementary reasoned opinion). Discriminatory depreciation rules applied to buildings situated abroad (Germany, reasoned opinion). Tax amnesty legislation adopted in 2005 (Portugal, Court of Justice). Excise duties/Minimum retail prices for cigarettes (Austria and Ireland, Court of Justice).
Environment Respect for the Community directive of 1991 on the treatment of urban waste water (France, final written warning before recourse to the Court). Waste crisis in Campania (Italy, final written warning). Failure to adopt and implement provisions concerning the treatment of dangerous waste and incomplete transposition into national legislation of Community legislation on the protection of wild birds (Greece, Court of Justice). Spring hunting (Malta, Court of Justice and Finland, procedure closed). Conservation and protection of wild birds (Portugal, reasoned opinion).
Social Incomplete transposition of European regulations banning discrimination in employment and occupation (Czech Republic, Estonia, Ireland, Greece, France, Italy, Hungary, Malta, Netherlands, Finland, Sweden, reasoned opinions).
Transport Security requirements in tunnels (UK, reasoned opinion) Installation of port reception facilities for ship-generated waste and cargo residue (Belgium and Estonia, Court of Justice). Safety belts and child restraint measures (UK, reasoned opinion).
Energy Non-accession to the safeguard agreement with the International Atomic Energy Agency (Czech Republic, reasoned opinion). Procedures for granting rights over oil and gas resources (Poland, reasoned opinion).
GMOs Ban on marketing for genetically modified seed (Poland, Court of Justice)
Animal products Legislation on animal by-products (Greece, Court of Justice).
Telecommunications Regulations on telecommunications (Poland, Belgium, Court of Justice; Luxembourg, formal notice; Poland, Portugal, Cyprus, reasoned opinions). (O.L.)