WRITTEN QUESTION E-2285/00 by Karl von Wogau (PPE-DE) to the Commission. Admission of a German citizen to employment as a hunting warden in France.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: Alsace, France, Germany, access to a profession, civil servant, free movement of persons, infringement of EU law, nature reserve

6.3.2001

EN

Official Journal of the European Communities

C 72 E/191

it should only be done in the presence of the customs or other authorities except that in an
seals,
emergency the carrier may take action on his own initiative. The Commission do not consider that it
would be helpful to authorise transport operators to routinely break customs seals themselves to check
whether a vehicle is carrying illegal immigrants.

The Commission believes that, at this stage, solutions to the problems of illegal immigration by means of
road transport are not to be found in the context of TIR. Nevertheless, it will continue to monitor the
situation and will propose appropriate measures at Community or international level should they become
necessary.

(2001/C 72 E/245)

WRITTEN QUESTION E-2285/00

by Karl von Wogau (PPE-DE) to the Commission

(11 July 2000)

Subject: Admission of a German citizen to employment as a hunting warden in France

The holder of a hunting lease in the Erstein region applied to the SØlØstat Erstein sub-prefecture for
authorisation to engage a German citizen as a hunting warden. After a lapse of nearly seven months a
decision was handed down by the sub-prefecture rejecting the application. It was asserted in justification
that the warden(cid:146)s place of residence, in Germany, was not compatible with the duties to be performed.
That place of residence is however only twenty minutes drive from the intended place of work.

The candidate(cid:146)s qualifications and suitability are not in question.

Does the European Commission share the view that the above refusal of authorisation is incompatible with
EU-Treaty rules as they apply to the free movement of persons?

Answer by Mr Bolkestein on behalf of the Commission

(7 September 2000)

On the basis of the information supplied by the honourable Member, the Commission cannot take a final
position on the compatibility with Community rules of the SØlestat sub-prefecture(cid:146)s decision based on the
hunting warden(cid:146)s place of residence.

The honourable Member is consequently asked to forward for consideration the documents relating to this
rejection.

In more general terms, a residence requirement imposed by the national authorities of a Member State
within its territory is a restriction both of the freedom of establishment (see judgment of 29 October 1998
in Commission versus Spain, Case C-114/97) and of the freedom of movement of workers (see judgment
of 7 May 1998, Clean Car Autoservice, Case C-350/96).

The application of such a requirement is nevertheless acceptable if it is warranted by a genuine and
sufficient threat to a basic interest of society, such as public order or security.

(2001/C 72 E/246)

WRITTEN QUESTION E-2296/00

by Concepci(cid:243) Ferrer (PPE-DE) to the Commission

(11 July 2000)

Subject: Uniform Community patent

Scientific research and technological development are driving forces behind economic growth and the
competitiveness of European SMEs and therefore effective and appropriate protection for intellectual
property is essential.