EC Launches Legal Action Against Belgium, Italy And Luxembourg
The European Commission announced last week that it has taken action on obstacles
to the freedom of establishment and to the free movement of services in Italy,
Belgium and Luxembourg. The Commission revealed on Wednesday that it has decided to refer Italy to
the European Court of Justice over its legislation that requires providers of
payroll services in Italy to enrol in a specific register. In addition, the
Commission has formally requested Italy to modify its legislation on the secondment
of non-EU employees and on the imposition of minimum fees by architects and
engineers. The EC also formally requested Belgium to modify its legislation on the installation
of alarm systems. These requests take the form of “reasoned opinions”, 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 Court. Finally, the Commission announced that it has decided, under Article 228 of
the EC Treaty, to send Luxembourg a further reasoned opinion requesting it to
comply immediately with the 2004 judgment of the Court on the secondment of
non-EU employees. If Luxembourg does not comply, the Commission can ask the
Court to impose daily fines. .
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