Brussels, 19/09/2008 (Agence Europe) - On Thursday 18 September, the European Commission to launch or to proceed with a number of infringement proceedings relating to the failure of national arrangements to comply with Community internal market rules or failure to incorporate Community rules into b-national law. A number of proceedings were closed.
Public procurement: A reasoned opinion has been sent to Spain regarding the joint ventures set up by the publicly owned companies IVVSA (Instituto Valenciano de Vivienda, S.A.) and AUMSA (Actuaciones Urbanas de Valencia, S.A). The Commission believes that, when public contracts were awarded to these joint ventures, IVVSA and AUMSA did not comply with the Public Procurement Directives, particularly the principle of equal treatment. The Commission ahs also sent a reasoned opinion to the Irish government, asking it to submit its observations on the compatibility with Community law of the procedure for awarding a contract for the provision of interpretation services by the Department of Justice. Luxembourg has been sent a letter of formal notice asking for information on compliance with the ruling by the Court of Justice of the European Communities in case C-268/07 for failure to transpose directive 2004/17/EC on public procurement.
Professional qualifications: Eight countries (Austria, Belgium, Cyprus, France, Greece, Ireland, Portugal and Spain) will be referred to the Court of Justice over non-implementation of a Directive on recognition of professional qualifications. Denmark will be sent a reasoned opinion on the same grounds. A letter of formal notice will be sent to Spanish authorities requesting information on the measures they have taken to comply with the European Court of Justice's judgement of 8 May 2008 (C-39/07) regarding recognition of professional qualifications of hospital pharmacists.
Freedom of establishment: Reasoned opinions have been sent to Germany and Portugal calling for these countries to remove obstacles to freedom of establishment in relation to ownership of pharmacies. Germany does not allow non-pharmacists to own pharmacies and bans owning more than four pharmacies. Portugal bans medicine wholesaling companies from owning pharmacies and does not allow ownership of more than four pharmacies.
Services: France has been sent a reasoned opinion for its legislation banning distance sales of optical products and glasses by qualified dispensing opticians and requiring all qualified operators to register their diploma with the French departmental authorities, which restricts freedom of establishment, free movement of services and, in particular, free movement of information society services (as provided for in Directive 2000/31/EC on electronic commerce). The Commission has decided to shelve infringement proceedings against Italy, which has implemented the judgment of the Court of Justice of July 2007 which confirmed that certain national provisions concerning extrajudicial debt recovery agencies are incompatible with the freedom of establishment and the free movement of services.
Free movement of capital: The Commission has decided to refer Portugal to the European Court of Justice as it considers that the special rights held by the State in Energias de Portugal (EDP) discourage investment from other Member States in violation of EC Treaty rules. A reasoned opinion has been sent to Poland: the Commission still considers that the investment limits in foreign assets imposed on pension funds act as restrictions to the free movement of capital in violation of EC Treaty rules.
Financial services: The Netherlands has been refereed to the Court of Justice for failure to transpose the directive on listed company transparency obligations within the allotted timescale.
Car insurance: The United Kingdom has been referred to the Court for failing to incorporate the fifth directive on car insurance (directive 2005/14/EC) into national legislation before the agreed deadline of 11 June 2007.
Closed proceedings. The infringement proceedings against Hungary concerning Hungarian legislation which regulates the promotion activities undertaken by pharmaceutical companies employing sales representatives have been closed. The European Commission has decided to close an infringement procedure against Finland relating to the obligation of EU/European Economic Area companies to have a representative resident in Finland with unlimited responsibility for tax debts. (O.L./transl.rt)