Press Release: Freedom of establishment: infringement procedures against Germany and Portugal

The European Commission has taken action to put an end to obstacles to the freedom of establishment in Germany and Portugal. The Commission has decided to refer Germany to the European Court of Justice over its authorisation rules for vehicle inspection organisations, in particular the requirement for compulsory affiliation of a minimum number of (self-employed) independent experts. On the same subject, the Commission will formally request Portugal to amend its rules on the granting of authorisations to bodies of other Member States wishing to carry on vehicle inspection activities in Portugal. This formal 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 considers these national rules to be incompatible with EC Treaty rules on the freedom of establishment (Article 43).