WRITTEN QUESTION No. 993/98 by Freddy BLAK to the Commission. Free movement of labour
Date: 1998-04-02
Institutions: BLAK, European Parliament
Subjects: Denmark, free movement of workers, freedom to provide services, frontier worker, infringement of EU law, vehicle registration

19. 11. 98

EN

Official Journal of the European Communities

C 354/49

(98/C 354/87)

WRITTEN QUESTION E-0993/98

by Freddy Blak (PSE) to the Commission

(2 April 1998)

Subject: Free movement of labour

1.
People with national register addresses in Denmark are not (except in very special circumstances) allowed
to travel for commercial purposes within the country(cid:146)s borders in cars registered in other Member States. This
also applies even though the person in question is employed by a foreign company and only a small proportion of
the work is carried out in Denmark. Does this apply only to Denmark, or is it common to the Member States?

Does the Commission consider this state of affairs to be compatible with the principle of the free movement

2.
of labour? Why/why not?

3.

Does the Commission consider this situation to be desirable? Why/why not?

Does the Commission intend to remedy this situation so that it becomes more attractive for EU citizens to

4.
seek employment in another Member State?

Answer given by Mr Flynn on behalf of the Commission

(19 May 1998)

According to Danish legislation, individuals and companies resident or domiciled in Denmark should have their
cars registered in Denmark. Although exceptions are allowed in certain circumstances, these are not of great
benefit to cross-border workers residing in Denmark and employed in a neighbouring Member State. In fact, the
use of company cars registered in the Member State where the employer is situated, and placed at the disposal of
cross-border workers is subject to severe restrictions. The Danish authorities allow the use of company cars for
direct  travel  between  the  workers(cid:146)  residence  and  the  border  only  during  weekends,  primarily  for  test  drives.
Cross-border workers are not allowed to use company cars for private purposes.

The Commission considers these provisions in breach of Community law on free movement of workers and on
cross-border provision of services (Articles 48 and 59 of the EC Treaty respectively), for the following reasons.

Workers residing in Denmark are hindered in taking a job across the border, which would require them to drive a
company car for work purposes on both sides of the border. Moreover, considering that the use of a company car,
even for private purposes, is in many cases a normal part of remuneration, cross-border workers are not able to
enjoy the full (non-pecuniary) advantages granted by their employer.

Firms in Member States bordering Denmark are dissuaded from hiring workers resident in Denmark, since the
latter  cannot  legally  drive  company  cars,  registered  in  these  Member  States,  for  professional  purposes  in
Denmark. Companies are thus restricted in their choice of employees as well as in the cross-border provision of
services through their employees who are resident in Denmark.

The  Commission  has  become  aware  of  this  situation  through  a  number  of  complaints  of  citizens  of  the
Community  resident  in  Denmark.  After  having  examined  the  case  thoroughly,  it  started  infringement
proceedings against Denmark on the basis of Article 169 of the EC Treaty. The Commission has decided recently
to send a reasoned opinion to Denmark.

(98/C 354/88)

WRITTEN QUESTION E-0998/98

by Laura De Esteban Martin (PPE) to the Commission

(2 April 1998)

Subject: Access to PhD Courses

Why does the Commission assert that holders of the (cid:145)Ingeniero Te·cnico(cid:146) qualification are not eligible to study for
doctorates, when some Member States allow them to do so?