WRITTEN QUESTION P-2231/01

by Hans Kronberger (NI) to the Commission

(18 July 2001)

Subject: Liberalisation of shop-opening hours

In its economic policy guidelines, the Commission called on Austria to further liberalise shop-opening hours. At present, Austria's 66-hour per week limit is indeed the lowest in any Member State, and this is having adverse effects not only on purchasing power, tourism and the country's attractiveness as a business location, but also in terms of employment in the distributive trades and creating jobs in related sectors. Border areas are particularly badly affected. In addition, petrol stations are increasingly selling food and thus distorting the market. A government agreement extending shop-opening hours to 72 hours per week has been signed by the government but has not yet been implemented.

What steps does the Commission propose to take to prevent distortion of competition owing to shop-opening hours being liberalised to different extents?

Will it take action in respect of those Member States which fail to liberalise in good time? If so, what action will it take?

Answer given by Mr Bolkestein on behalf of the Commission

(5 September 2001)

The Commission is aware of the difficulties raised by differences in the national legislation on shop-opening hours. It should be remembered that, although this is a matter for the Member States, they must deal with it in compliance with Community law. The problem of shop-opening hours has, moreover, given rise to case law on the part of the Court of Justice. It is clear from that case law that the Court has refused to declare incompatible with Article 28 (ex Article 30) of the EC Treaty national rules on shop-closing arrangements(1), but that is not the case as far as the compatibility of such measures with Article 49 (ex Article 59) of the EC Treaty on the freedom to provide services is concerned. Moreover, the Court has recognised the applicability of Article 43 (ex Article 52) of the EC Treaty on the freedom of establishment to regulations on the closure of retail outlets on Sundays

and public holidays, although it felt that, in this case, the restrictive effects of the regulations on the freedom of establishment are too uncertain and indirect for the obligation laid down to be regarded as being capable of hindering that freedom(2).

In this context, the Commission will examine the problem of shop-opening hours as part of the follow-up to its Communication to the Council and the Parliament on an Internal Market Strategy for Services(3). The Commission in fact recently adopted a new strategy with a view to improving the operation of the internal market in services which will be split into two phases: the first phase will involve identifying the obstacles hindering cross-border activities in the field of services; the second phase will involve proposing measures aimed at removing those obstacles.

(1) Court of Justice, 16 December 1992, B & Q, Case C-169/91, ECR 1992, p. I-6635; Court of Justice, 2 June 1994, Boermans, Joined Cases C-401/92 and C-402/92, ECR 1994, p. I-2199.

(2) Court of Justice, 20 June 1996, Semeraro Casa Uno, Joined Cases C-418/93 et seq., ECR 1996, p. I-2975.

(3) COM(2000) 888 final.