WRITTEN QUESTION E-2783/00 by Karin Riis-Jørgensen (ELDR) to the Commission. Danish law requiring a security to be lodged when registering companies in Denmark.
Date: 2000-09-01
Institutions: European Parliament, Provisional data
Subjects: Denmark, company law, private limited company, registration of a company, registration tax, right of establishment, share capital

8.5.2001

EN

Official Journal of the European Communities

C 136 E/95

Finally, it should be underlined that the Regulation does not prevent certain private organisations from
imposing stricter provisions in order to satisfy the use of their private label.

(1) Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and
indications referring thereto on agricultural products and foodstuffs (OJ L 198, 22.7.1991), as last amended by
Commission Regulation (EC) No 1437/2000 (OJ L 161, 1.7.2000).
(2) See annex III, section A1, point 2 of Regulation (EEC) No 2092/91.

(2001/C 136 E/108)

WRITTEN QUESTION E-2783/00

by Karin Riis-Jłrgensen (ELDR) to the Commission

(1 September 2000)

Subject: Danish law requiring a security to be lodged when registering companies in Denmark

Denmark has recently introduced a law requiring a security to be lodged when registering companies. This
is a security for payment of VAT, schedule A tax, labour market contributions and corporate taxation in
cases where the company in question has assets worth less than DKK 125 000. Should the company fail to
lodge a security, it cannot be registered in Denmark.

The law is said to have been introduced in order to prevent companies with a weaker capital base than
Danish-based private limited companies from trading in Denmark, cf. the European Court of Justice(cid:146)s
Centros judgment of 9 March 1999.

Does the Commission consider this new Danish practice requiring a security to be lodged for companies
with assets worth less than DKK 125 000 that wish to operate in Denmark to be in conformity with
Community rules?

How does it view the fact that a company established in accordance with UK requirements (which are
milder than the Danish requirements concerning company capital) cannot benefit from the UK require-
ments when trading in Denmark because there is now a requirement to lodge a security which is of the
same amount as the capital requirement that applies with regard to the establishment of Danish private
limited companies but which cannot be applied to companies from other EU countries wishing to set up
in business in Denmark?

Answer given by Mr Bolkestein on behalf of the Commission

(23 October 2000)

On the basis of the information currently at its disposal, the Commission is unable to give a definitive
answer to the Honourable Member(cid:146)s written question.

As soon as it receives additional information from the Danish authorities, the Commission will be able to
make a detailed examination of the provisions in question and decide whether they conform with the
principles of the EC Treaty as recalled by the Court of Justice in its Centros judgment, to which the
Honourable Member also refers.

(2001/C 136 E/109)

WRITTEN QUESTION E-2788/00

by Jo Leinen (PSE) to the Commission

(1 September 2000)

Subject: Discrimination against EU citizens

A German national was stopped on 12 June 2000 near MonbØliard (France) because he was transporting a
radar detention device which was not however switched on (this is confirmed in writing by the police
officer carrying out the check).