WRITTEN QUESTION No. 2847/98 by Roberta ANGELILLI to the Commission. Update on Italian trading rules
Date: 1998-09-28
Institutions: ANGELILLI, European Parliament
Subjects: EU law - national law, Italy, application of EU law, competition law, discount store, national law, restriction on competition, right of establishment, shopping centre, trade licence













EUR-Lex - 91998E2847 - EN






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91998E2847

WRITTEN QUESTION No. 2847/98 by Roberta ANGELILLI to the Commission. Update on Italian trading rules  


Official Journal C 142 , 21/05/1999 P. 0046 





WRITTEN QUESTION E-2847/98by Roberta Angelilli (NI) to the Commission(28 September 1998)Subject: Update on Italian trading rulesWith reference to Question E-0784/98(1) concerning the legislative decree regulating trade approved by the Council of Ministers of the Italian Republic on 16 January 1998, which provides for the total abolition of the licence for small trading concerns of up to 300m2, the abolition of the registration requirement for traders setting up business and consolidation in just two sectors, foodstuffs and non-foodstuffs, of the present 14 tables specifying types of merchandise, can the Commission say whether these measures violate the relevant Community directives and endanger free competition? In Mr Monti's reply of 28 May, the Commission stated that it was looking into the question raised. Can the Commission say what the outcome of its investigations was?Answer given by Mr Monti on behalf of the Commission(6 January 1999)In his question, the Honourable Member refers to his previous question No E-784/98 which dealt with four aspects.1. With regard to the first point, the answer is no.2. The new Italian trading rules liberalise the establishment of sales outlets of up to 250 m2 in towns with over 10 000 inhabitants and up to 150 m2 in smaller towns. This does not stop dynamic small trading concerns from cooperating with each other through joint purchasing groups or voluntary chains such as franchises in order to remain competitive in the market, as stated in the Green Paper on Commerce. It is this competitiveness which guarantees the survival of small trading concerns and thus secures employment. The regional adaptation and accompanying measures which are provided for in these rules will help support small trading concerns in their efforts to adapt to new competition.3. In principle, the adoption of a legislative decree for the purpose of liberalisation is unlikely to constitute a restriction on competition between independent undertakings. According to the Honourable Member, the main purpose of the decree in question is to remove a barrier to entry into the retail distribution market. Leaving aside other considerations, and strictly from the point of view of competition, the removal of barriers to entry into a given market is a measure which generally has a positive impact on competition. In addition, Article 85 of the EC Treaty is in principle aimed at practices and decisions by undertakings (and not public authorities) which are liable to restrict competition between these undertakings and affect trade between Member States.4. The new Italian trading rules aim to develop competition between small sales outlets. Insofar as they are compatible with the rules governing the freedom of establishment and the free movement of goods, as well as with competition law, the Commission has no specific remarks to make about them. It would also point out that it is the national, regional and local authorities which are responsible for regional development.(1) OJ C 310, 9.10.1998, p. 129.