FREEDOM OF ESTABLISHMENT AND PROVISION OF SERVICES : SEVERAL COUNTRIES OUT OF LINE WITH EU RULES.

• Position: European Union

The European Commission announced on 13 December that it was pursuing infringement procedures against a number of member states violating EU rules on freedom of establishment (Article 43 of the EC Treaty) and the provision of services (Articles 43 and 49 of the Treaty).

Portugal is asked in a reasoned opinion to amend its rules on the granting of authorisations to bodies of other member states wishing to carry on vehicle inspection activities in Portugal.

The Commission has decided to send Italy a reasoned opinion requesting that it modify its legislation restricting the activities of companies involved in gas and electricity distribution. The Italian Act prohibits businesses in the energy distribution sector from also offering other - after-meter' - services dealing with the maintenance, repair and installation of energy appliances such as boilers for residential buildings.

In a reasoned opinion, the Commission has asked France to amend its rules requiring cereals traders to obtain an authorisation from an institution in which potential competitors participate, provided that they have storage capacity in France, as well as its rules requiring that traders in cereals have an address and a minimum activity in France.

The Commission will also formally request France to amend its rules on the establishment of shops on the grounds that the authorisation procedure is based on criteria not sufficiently objective and precise.

The Commission has decided to refer France to the Court of Justice on the grounds that its rules on the chief architects of historic monuments only allow French nationals to fill such posts.

The Commission has also decided, under Article 228 of the EC Treaty, to send a letter of formal notice asking France for full information on its execution of a 2006 Court judgement concerning restrictions on performing artists' agencies and self-employed performing artists that wish to work in France.

The Commission has decided to send a reasoned opinion to France ordering it to modify its legislation imposing the requirement of a place of business within the jurisdiction of the Appeals Tribunal for registration as a legal expert and forbidding the...