WRITTEN QUESTION E-3530/01 by Paul Rübig (PPE-DE) to the Commission. Obstacles for Austrian service providers posed by the prescribed minimum wage in Germany.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: Austria, Germany, action for failure to fulfil an obligation, labour law, minimum pay, services company, transnational corporation

20.6.2002

EN

Official Journal of the European Communities

C 147 E/199

(2002/C 147 E/208)

WRITTEN QUESTION E-3530/01

by Paul Rübig (PPE-DE) to the Commission

(8 January 2002)

Subject: Obstacles for Austrian service providers posed by the prescribed minimum wage in Germany

The Austrian Economic Chamber (WKÖ)
lodged an internal market complaint with the Commission
concerning the above obstacles to the freedom to provide services in November 1999. The complaint was
registered under reference number 99/5307, (SG 99), A/16232. The Commission sent Germany a reasoned
opinion, to which Germany replied in summer 2001. No information has since been received from the
Commission on the current state of proceedings.

Austrian service providers must pay their workers seconded to Germany the German minimum wage laid
down by the collective agreement for the construction industry if they provide construction services chiefly
in Germany. The comparison between the wages paid in Austria and the German minimum wage takes no
account of Austrian wage components such as the 13th and 14th monthly wage. If the 13th and 14th
monthly wage are included, Austrian wage levels can be seen to correspond to German wage levels. Given
that the German supervisory authorities (Land employment offices and customs authorities) do not
recognise the 13th and 14th monthly wage, Austrian workers must be paid the difference between their
Austrian wages and the German minimum wage as well as the 13th and 14th monthly wage. This makes
Austrian workers more costly than comparable German workers.

What stage has been reached regarding the above internal market complaint to the Commission? When
will the Commission open infringement proceedings against Germany?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(22 February 2002)

The Honourable Member refers to infringement proceedings against Germany and wishes to obtain
information on the current state of proceedings. This relates specifically to the implementation of
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the
posting of workers in the framework of the provision of services (1).

The Commission has carefully examined the German authorities’ responses to the formal notice and the
reasoned opinion. However, the information provided is not sufficient to put an end to the infringements
and close the proceedings.

The Commission has recently decided to bring an action against Germany before the Court of Justice.

(1) OJ L 18, 21.1.1997.

(2002/C 147 E/209)

WRITTEN QUESTION E-3540/01

by Esko Seppänen (GUE/NGL) to the Commission

(8 January 2002)

Subject: Safety at nuclear power stations

Recently, there has been a certain amount of debate about the safety of nuclear power stations. As the EU
is involved in maintaining and improving nuclear safety through Euratom, I have the following question:
are the electronics of cooling systems at nuclear power stations and nuclear waste processing plants within
the EU safeguarded against terrorist attacks using flux compressors or microwave bombs?