Brussels, 08/10/2009 (Agence Europe) - Greece will have to explain itself to the EU Court of Justice over its postal services and Portugal on supply of real estate services.
Postal services. Greece will have to explain to the Court why its national legislation imposes additional burdens and obligations on operators providing courier, parcel and mail services. When a consignment exceeds 20kg in weight, some service providers have to call on independent transporters. This requirement would seem to severely limit the range of services couriers may provide while, at the same time, driving up costs for consumers. Estate agents. Portugal, too, has been referred to the Court for its legislation which imposes on foreign estate agents wishing to over a temporary service the same obligations incumbent on estate agents established in Portugal.
Company Law. A) The Commission has decided to refer three member states, Belgium, Greece and Italy, to the European Court of Justice over failure to transpose into national law an internal market directive on simplifying reporting requirements for mergers and divisions. B) Ireland has been sent a letter of formal notice to Ireland over its failure to execute a judgement of the European Court of Justice of May 2009 on non-implementation of the 3rd Anti-Money Laundering Directive (2005/60/EC). C) The Commission has decided to send a letter of formal notice to Poland requesting information on the measures they have taken to comply with the judgement of the European Court of Justice of 19 March 2008 (C-143/08), on non-implementation of the implementing directive, 2006/73/EC, for the Markets in Financial Instruments Directive (MiFID). D) The Commission takes the view that limiting non-state shareholders to a 5% holding in the Greek public electricity company, Public Power Corporation, an unjustified obstacle to free movement of capital. Greek authorities not having explained the reasons of public interest and security for such a restriction, the Commission will send them a reasoned opinion.
Professional qualifications. A) Luxembourg will be sent a reasoned opinion and Portugal a letter of formal notice asking them for information on steps taken to comply with two Court rulings (case C-223/08 in the case of Luxembourg, and C-245/08 for Portugal) that they have failed to transpose directive 2006/100/EC which provides for technical adaptations to the directives on professional qualifications further to the accession of Bulgaria and Romania to the EU. B) In Cyprus, estate agents from another member state have to meet a number of conditions if their professional qualifications are to be recognised, prove their knowledge of Cypriot law and have to work with a local estate agency. The Commission feels that these requirements are incompatible with directive 2005/36/EC and has sent Cyprus a reasoned opinion. C) Greece will be sent a reasoned opinion calling for an explanation of obstacles to processing requests for recognition of foreign veterinary qualifications.
Various. A) Belgium is to receive a reasoned opinion because self-employed persons established in another member states have to give advance notification (“Limosa” declaration) if they wish to exercise a professional activity temporarily in that country. The Commission says that this is a disproportionate obstacle to the free provision of services. B) The Commission is to send Spain a reasoned opinion over a case of medical services carried out abroad that are not reimbursed. C) Portugal is to receive a letter of formal notice since it requires patents agents not established in Portugal but wishing to provide a service temporarily to be registered and accredited in advance by Portuguese authorities. D) The Commission is to send letters of formal notice to six member states (Belgium, Italy, Latvia, the Netherlands, Spain and Sweden) for failing to fully transpose directive 2002/65/EC governing the distance marketing of financial services. For example, Italian consumers would seem to have a shorter cooling-off period that that set in the directive, and Spanish consumers so not appear to have the right to rescind contracts on personal pension schemes.
Closed procedures. A) The Commission has closed the infringement procedure against Austria which has amended its legislation so as to authorise casinos established in the EU and the EEA to advertise in Austria, provided that they apply the same standards of protection for young gamblers as those in force in the country. B) In order to comply with a Court ruling (case C-389/05), France has definitively removed restrictions on bovine artificial insemination service providers who are not established in France. The specific infringement procedure will, therefore, be closed. C) The same goes for the infringement procedure against restrictions (authorisation based on economic criteria, consultation of competitors) to the establishment of retail outlets in Portugal. The new Portuguese authorisation procedure appears to be acceptable from the point of view of free provision of services and freedom of establishment. (M.B./transl.rt)