Commission’s legal chief sparks infringements row

Date: 02/03/2000

By Peter Chapman

THE head of the European Commission's legal service has sparked a fierce debate within the institution over the way justice is meted out to EUmember states which break Union rules.

Senior officials and industry sources have expressed concern over Jean-Louis Dewost's call for citizens and firms to take complaints over domestic rules and regulations which conflict with EU laws to their national courts instead of pursuing them through the Commission.

Dewost said in a speech to the European Parliament's Kangaroo Group last month that the institution's priority was to oversee the implementation of EU directives, rather than to investigate individual complaints about national legislation which might breach Union rules. He also argued that complainants would be far better served by seeking redress through national courts, which can award damages, whereas the European Court of Justice cannot.

Dewost stressed this week that the Commission's core task was to ensure member states were correctly implementing Union rules in general, and it was not obliged to take up individual cases. "If a misinterpretation of EU law was isolated to a specific case, we would say we have other priorities," he told European Voice.

However, critics fear this could undermine the institution's vital role as guardian of the Union treaty.

Their concerns have been compounded by proposals unveiled by Intergovernmental Conference Commissioner Michel Barnier this week in which he argues that more cases should be handled by national courts to ease the burden on Commission officials and the European Court of Justice.

Supporters of reform point out that the number of infringement cases dealt with by the European Court has doubled over the past decade, with consequent delays of up to two years in dealing with them.

Although senior officials in the Commission's single market department concede that the institution might not have enough staff to deal with the 1,000-plus outstanding infringement cases on its books, they insist that this should not be a reason in itself to turn away complaints. "What has to be made clear is that this is not an administrative issue but to do with the image of the Commission and how it sees its own role," said Deputy Director-General Heinz Zourek. "There will be a discussion at the highest level on this."

The move has also sparked concern among industry groups, which launch the greatest number of complaints about alleged infringements and fear they may be denied access to justice if the Commission's role is reduced.

They say national courts can only give judgements on points of European law if the case involves a clear-cut breach of the EU treaty. They also point out that the ECJ refuses to accept referrals from national courts unless firms or citizens have themselves already faced legal proceedings for breaking the domestic laws in question.

"If you are being told to break the law in order to establish your right to go to the ECJ, then there is something fishy going on," said one Brussels-based industry lawyer.

"The Commission is either abdicating its responsibility or it is saying that it is not up to the job and, in either case, what we need is a change to the treaty so that people have the right to go to court," said Chris Scott-Wilson, a legal advisor to EU drinks firms.

The Commission's procedure for handling infringements is seen as one of its Achilles heels, amid increasing complaints over its failure to deal with cases within a reasonable timeframe.

The institution has been fiercely criticised by industry for dropping or repeatedly delaying decisions on key cases such as France's Loi Evin in the face of pressure from member states.

Single Market Commissioner Frits Bolkestein offered firms a ray of hope last month when he revealed that he was re-examining complaints that the legislation, which outlaws alcohol and tobacco advertising at sports matches shown on French television, effectively stops drinks firms from advertising their products at top sports events outside France if French channels have bought rights to broadcast them.

The head of the European Commission's legal service has sparked a fierce debate within the institution over the way justice is meted out to EU Member States which break Union rules. Senior officials and industry sources have expressed concern over Jean-Louis Dewost's call for citizens and firms to take complaints over domestic rules and regulations which conflict with EU laws to their national courts instead of pursuing them through the Commission.