19 april: Commissie start artikel 228 EG-procedure tegen Nederland
Nieuwsbericht | 19-04-2006
Brussels, 19 April 2006
The European Commission has taken action to put an end to obstacles to the freedom of establishment and to the free movement of services in France and the Netherlands. The Commission has formally requested France to modify its legislation requiring chief architects of historical monuments to be of French nationality. The request takes the form of a "reasoned opinion", the second stage of the infringement procedure laid down in Article 226 of the EC Treaty. If there is no satisfactory reply within two months, the Commission may refer the matter to the European Court of Justice. The Commission has also decided, under Article 228 of the EC Treaty, to send further reasoned opinions requesting the Netherlands to comply immediately with a 2004 Court judgement on the provision of private security services, and requesting France to comply immediately with a 2004 Court judgement requiring it to amend its legislation on medical laboratories. If France or the Netherlands does not comply, the Commission can ask the Court to impose daily fines. Finally, the Commission has decided to close a case against France concerning restrictions on television channels established in other Member States.
France: nationality requirement for chief architects of historical monuments
The Commission has decided to send a reasoned opinion to France concerning its regulations on chief architects of historical monuments, which are considered to infringe Articles 43 and 49 EC in that they limit access to the profession of chief architects of historical monuments to French nationals only.
With respect to Article 49 EC, the Commission also contests the need for a competition procedure in order to provide a temporary architectural service restoring listed historical monuments in France.
France: bio-medical analysis laboratories
The Commission has decided to send a reasoned opinion to France for failure to implement the judgment of the Court of Justice handed down on 11 March 2004 in Case C-496/01 concerning legislation on bio-medical analysis laboratories. The Court had ruled that this legislation was incompatible with the free movement of services laid down in Article 49 of the Treaty. The Commission considers that the new French legislation adopted in response to this ruling does not implement it insofar as it does not provide the legal certainty required by laboratories established in other Member States which wish to offer their services on French territory.
Netherlands: private security services
The Commission has decided to send a reasoned opinion to the Netherlands for failure to comply with a judgement of the Court of Justice handed down on 7 October 2004. The Dutch authorities have pledged to bring their legislation in line with the ruling but have to-date failed to amend their legislation accordingly.
France: prior declaration for television channels
The Commission has taken no further action on a complaint relating to the prior declaration requirement for channels established in other Member States which are received in France, following the adoption of a law of 23 January 2006 which expressly abolishes this obligation.
The latest information on infringement proceedings concerning all Member States is available at: