WRITTEN QUESTION No. 2928/97 by Elly PLOOIJ-VAN GORSEL to the Commission. Discriminatory provisions in Belgian post- office law
Date: 1997-09-17
Institutions: European Parliament, PLOOIJ-VAN GORSEL
Subjects: Belgium, credit transfer, discrimination on the basis of nationality, freedom to provide services, infringement of EU law, national law, postal service

25. 5. 98

EN

Official Journal of the European Communities

C 158/21

Answer given by Mrs Gradin on behalf of the Commission

(17 November 1997)

As far as development aid is concerned, the Commission is implementing the Council resolution of 5 June 1997
on coherence. It is proceeding by convening meetings of experts from Member States, where global questions
relating  to  the  link  between  migration  and  development  are  currently  under  consideration.  At  this  stage,  the
Commission is not considering the particular approach suggested by the Honourable Member.

As far as humanitarian aid is concerned, the Commission (European Community humanitarian office) supports
actions  to  cope  with  the  consequences  of  population  movements  (refugees,  displaced  people  and  returnees)
caused by natural and man-made disasters and to assist repatriation to the country of origin and resettlement
where the conditions laid down in current international agreements are in place. In this context, it also supports
short-term  rehabilitation  and  reconstruction  work,  especially  on  infrastructures  and  equipment,  in  close
association with local structures, with a view to facilitating the arrival of relief, preventing the impact of the crisis
from worsening and starting to help those affected regain a minimum level of self-sufficiency.

(98/C 158/27)

WRITTEN QUESTION E-2928/97

by Elly Plooij-van Gorsel (ELDR) to the Commission

(17 September 1997)

Subject: Discriminatory provisions in Belgian post-office law

Belgian  law  stipulates  that  payment  orders  made  out  to  Belgian  payees  by  foreigners  without  a  permanent
address in Belgium or Luxembourg cannot be accepted at post offices, a few exceptions apart. This means that a
payment to a Belgian account holder by a Netherlands national living in the Netherlands cannot be made through
a Belgian post office.

1.

Does the Commission accept that this amounts to discrimination on grounds of nationality?

Does  the  Commission  accept  that  this  Belgian  rule  acts  as  an  impediment  and  is  incompatible  with

2.
European rules on the internal market?

3.

If so, what action will the Commission take?

Answer given by Mr Monti on behalf of the Commission

(19 November 1997)

The  Belgian  postal  authorities  have  confirmed  to  the  Commission  that,  under  their  internal  instructions,
(cid:145)payment  orders  made  out  to  Belgian  payees  by  foreigners  without  a  permanent  address  in  Belgium  or
Luxembourg cannot be accepted(cid:146), with a few clearly specified exceptions. They thus bear out the claims made by
the Honourable Member in her question.

A  provision  limiting  the  right  of  postal  credit  institutions  to  accept  payment  orders  made  out  by  foreigners
constitutes, according to the settled case law of the Court of Justice (1), a restriction on the free movement of
services in that it primarily affects recipients of services who are not Belgians.

Such  a  provision  is  not  necessarily  contrary  to  Community  law  if  it  can  be  justified  by  the  public
interest. Nevertheless, the Court of Justice has adopted a restrictive approach in appraising such justifications.

The Commission will examine the issue raised by the Honourable Member in greater detail and, if it concludes
that the restriction cannot be justified, it will take the matter up with the Member State concerned.

(1)  Case C-175/88 Biehl v Administration des contributions du grand-duche· de Luxembourg [1990] ECR I-1779.