WRITTEN QUESTION No. 222/99 by Elly PLOOIJ-VAN GORSEL Problems encountered by Dutch building firms operating in Germany
Date: 1999-02-03
Institutions: European Parliament, PLOOIJ-VAN GORSEL
Subjects: EU law - national law, Germany, Netherlands, building industry, infringement of EU law, infringement procedure (EU), provision of services, services company

12.11.1999

EN

Official Journal of the European Communities

C 325/91

(1999/C 325/119)

WRITTEN QUESTION P-0222/99

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

(3 February 1999)

Subject: Problems encountered by Dutch building firms operating in Germany

On 3 July 1998, in answer to my Question P-1529/98 (1) on the problems encountered by Dutch building
firms operating in Germany, Mr Monti said that the Commission was currently examining the possibility of
initiating infringement proceedings against Germany.

According to my information, the proceedings have now been initiated.

1. What stage has been reached in the proceedings?

2.

Has anything concrete emerged yet?

(1) OJ C 50, 22.2.1999, p. 45.

Answer by Mr Monti On behalf of the Commission

(11 March 1999)

1.
In serving formal notice on the German Government in November 1998, the Commission gave it an
opportunity to comment on various aspects of German regulations on the posting of workers in connection
with the provision of services in the building sector.

2.
The German Government said that it would reply by the end of February 1999. Consequently, the
Commission is not yet in a position to say whether and to what extent the German Government is ready to
alter its current position.

The Commission would remind the honourable Member that a number of problems in connection with the
German regulations have already been referred to the Court of Justice, especially with regard to the holiday
fund measures in Germany since 1998 (1).

(1) Case C-49/98, ‘Finalarte’.

(1999/C 325/120)

WRITTEN QUESTION P-0225/99

by James Janssen van Raay (UPE) to the Commission

Subject: Fees for road use in the Netherlands

(3 February 1999)

Following the repeated grand-scale infringements by the Netherlands of European rules of law (e.g. Securitel),
is the Commission prepared to examine whether the disastrous idea of introducing a pay-as-you-drive scheme
infringes European rules, not least in the light of fierce protests from the Netherlands at German and Belgium
toll roads which, in fact, could only be introduced at a European level? Are not the proposed controls a
violation of protection of privacy, which is guaranteed at European level?

Answer given by Mr Kinnock on behalf of the Commission

(9 March 1999)

The Dutch government consulted the Commission at the beginning of 1998 on the possible introduction of a
regulatory change on road use in the Randstad during peak hours. That consultation took place in accordance
with Council Decision 308/62/EEC of 21 March 1962 as amended by Council Decision 73/402/EEC of
22 November 1973 instituting a procedure for prior examination and consultation in respect of certain laws,
regulations and administrative provisions concerning transport (1) proposed in Member States. On 28 May
1998 the Commission delivered the opinion that the submitted draft law was compatible with Community
law.