Press Release: Free movement of services: infringement proceedings against Austria

The European Commission has taken action to put an end to obstacles to the free movement of services in Austria. The Commission has decided to refer Austria to the European Court of Justice over its rules which discriminate against nationals from eight member States that joined the EU in 2004 wishing to establish a company in Austria. Nationals from those Member States are subject to a specific procedure which requires that they prove they have a substantial influence on the decision-making in the company before their company can be registered. The Commission has also decided to send Austria formal requests to modify its legislation on the free movement of services for patent agents and obliging doctors to open an account at a specific bank. These formal 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 European Court of Justice.