WRITTEN QUESTION No. 64/98 by Gijs de VRIES to the Commission. Restrictions on direct marketing
Date: 1998-01-15
Institutions: DE VRIES, European Parliament
Subjects: EU control, Germany, application of EU law, business start-up, complaint to the Commission, distance selling, exchange of information, freedom to provide services, intra-EU trade, record













EUR-Lex - 91998E0064 - EN






Avis juridique important




|



91998E0064

WRITTEN QUESTION No. 64/98 by Gijs de VRIES to the Commission. Restrictions on direct marketing  


Official Journal C 304 , 02/10/1998 P. 0026 





WRITTEN QUESTION P-0064/98 by Gijs de Vries (ELDR) to the Commission (15 January 1998)Subject: Restrictions on direct marketingOn 7 April 1994, a complaint was lodged with the European Commission concerning restrictions on the establishment of a mail-order record business in Germany (case no 94/4337, SG(94) A/10269, PolyGram). It took the Commission more than two years (until November 1996) before it initiated a procedure under Article 169. In December 1997, the Commission had still not delivered a reasoned opinion on the matter.1. Would the Commission explain why it has not taken this complaint more seriously?2. Does the Commission agree that the delays incurred are detrimental to the competitive position of the direct marketing industry, one of the growth sectors in the electronic trading business?3. Will the Commission now treat this complaint as a matter of priority?Answer given by Mr Monti on behalf of the Commission (24 February 1998)1. The Commission would like to reassure the Honourable Member that it has taken the complaint in question very seriously. Firstly, before sending the letter of formal notice in October 1996, it had already had an exchange of correspondence with the German authorities. Since then, the time taken to look into the matter reflects the particularly complex legal issues involved. Identification of the services concerned, the nature of the restrictions objected to, the objectives being pursued and the proportionality of the restrictions in relation to the general-interest objectives require detailed examination and in-depth investigation, due regard being had to both the Court's case-law and the characteristics of the distance-selling market in Germany. The Commission will endeavour to complete this detailed analysis as quickly as possible.2. and 3. There are no statistical data to suggest that the restrictions encountered by the complainants on account of the German legislation affect the entire direct marketing industry in the Community. Between 1991 and 1996 mail-order sales rose by 22% and the German market alone accounts for half of the total turnover ((Source: European Mail Order Traders Association (EMOTA). )). It is true though that the bulk of mail-order sales are still transacted at national level. The problems faced by the industry as regards cross-border sales are, in many cases, linked to logistical difficulties and, admittedly, to differences in national legislation governing business practices. In view of these differences and in the absence of harmonisation directives, the Commission is doing its utmost to ensure that Community legislation, and especially the principle of proportionality, is applied whenever national rules hamper the freedom to provide services.