WRITTEN QUESTION E-3610/01 by Herbert Bösch (PSE) to the Commission. Cross-border provision of services involving Austria and Italy.
Date: 2002-01-08
Institutions: European Parliament, Provisional data
Subjects: Austria, Italy, freedom to provide services, infringement of EU law, motorway, provision of services, road transport, vehicle

20.6.2002

EN

Official Journal of the European Communities

C 147 E/211

(2002/C 147 E/221)

WRITTEN QUESTION E-3610/01

by Herbert Bösch (PSE) to the Commission

(8 January 2002)

Subject: Cross-border provision of services involving Austria and Italy

The Italian management of the Brenner Autobahn AG prohibits Austrian undertakings from performing
contracts for the recovery of broken-down vehicles on the Italian side. Only authorised Italian vehicle
recovery firms may recover broken-down vehicles on the Italian side. On the other hand, vehicles are
recovered on the Austrian side by Italian organisations such as the ACI (Italian Automobile Association).

1.

Is such prohibition of the cross-border provision of services lawful?

2. What steps will the Directorate-General for Competition take to prohibit this restriction on the
freedom to provide services?

Answer given by Mr Bolkestein on behalf of the Commission

(22 February 2002)

Up until now, the Commission had no knowledge of this type of obstacle.

The Commission regrets that it is not able to give an answer at present due to the absence of details on the
nature of the arrangements in question and on their legal source (is this, for example, a legislative,
regulatory or administrative text, or a decision taken under an exclusive concession or contract for the
exercise of a public service activity, etc.?).

If it had these details, the Commission could examine the problem from the viewpoint of which provisions
of Community law may be applicable.

(2002/C 147 E/222)

WRITTEN QUESTION E-3616/01

by Yasmine Boudjenah (GUE/NGL) to the Commission

(8 January 2002)

Subject: Processing of personal data

The French Council of State recently ruled that banks can use nationality as a criterion when considering
applications for bank loans or credit. The decision to do so, which is completely discriminatory, was
sharply criticised in December 1998 by the National Commission for Information Technology and Civil
Liberties (CNIL), which had adopted the following provisions ‘… nationality cannot be a variable that is
used in such calculations [computerised calculation of risk evaluation], whether expressed as one of
’French, EEC national, other’ or, in particular, if specified precisely’; ‘… only information on the stability of
the credit applicant’s residence on French territory is of relevance’.

Does the Commission take the view that this decision of the Council of State, which nullified the CNIL’s
recommendation, is incompatible with Community legislation on the protection of natural persons with
regard to the processing of personal data?

What steps does it intend to take to put an end to such discrimination?

Answer given by Mr Bolkestein on behalf of the Commission

(26 February 2002)

The Honourable Member inquires about the Commission’s view on the differences of view between the
Commission Nationale de l’Informatique et des Libertés (CNIL) and the Association Française des Sociétés
Financières about the inclusion of nationality as a factor in the automatic calculation of the risk (credit
scoring) when considering credit applications. The Commission does not consider it appropriate to take a
view on the application of national law in the specific case in question.