WRITTEN QUESTION E-3478/02 by Gerhard Schmid (PSE) to the Commission. Discrimination on the ground of nationality in Bayeux, France.
Date: 2002-12-06
Institutions: European Parliament, Provisional data
Subjects: France, discrimination on the basis of nationality, equal treatment, family, freedom to provide services, museum, reduced price

C 110 E/214

Official Journal of the European Union

EN

8.5.2003

Answer given by Mrs Diamantopoulou on behalf of the Commission

(20 December 2002)

The Commission examines the transposal of Community Directives into national law and monitors the
application of provisions adopted for the implementation of Community law. If the Commission considers
that a Member State has failed to fulfil an obligation under Community law, it initiates proceedings under
Article 226 of the EC Treaty.

In the case of Council Directive 80/987/EEC of 20 October 1980 (1), the Commission examined and
evaluated transposal in the Member States in a report which was published in 1995 (2) and supplemented
by a further report in 1996 (3). With regard to the implementation of social security provisions in the
United Kingdom, the opinion given by the Commission in its report was that the provisions adopted by
the United Kingdom complied with the requirements of the Directive.

(1) Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating

to the protection of employees in the event of the insolvency of their employer, OJ L 283, 28.10.1980.

(2) COM(95) 164 final.
(3) COM(96) 696 final.

(2003/C 110 E/239)

WRITTEN QUESTION E-3478/02

by Gerhard Schmid (PSE) to the Commission

(6 December 2002)

Subject: Discrimination on the ground of nationality in Bayeux, France

A museum in Bayeux, France, charges a reduced entrance fee for families, but only if those families are
French.

Does this constitute discrimination of the ground of nationality, which is prohibited pursuant to

1.
Article 12 of the EC Treaty?

2.

If so, what will the Commission do to remedy this situation?

Answer given by Mr Bolkestein on behalf of the Commission

(17 January 2003)

The Honourable Member has asked a question about the entrance fees for families to a museum in Bayeux,
which differ according to the nationality of the family.

The question does not provide sufficient information concerning the specific circumstances under which
different rules of admission to this museum are applied. However, the Commission would like to recall
that, in principle, according to the case-law of the Court of Justice, the freedom to provide services set out
in Article 49 of the EC Treaty also covers the freedom for recipients of services, including tourists, to go to
another Member State in order to enjoy those services under the same conditions as nationals of that
Member State. Discrimination based on nationality applying to entrance fees to museums has been
explicitly recognised by the Court as being prohibited under Articles 12 and 49 of the EC Treaty (1). The
Court has confirmed that, since visiting museums is one of the determining reasons for which tourists, as
recipients of services, decide to go to another Member State, there is a close link between the freedom of
movement which they enjoy under the EC Treaty and museum admission conditions. The discrimination
with regard to admission to museums may have an effect on the conditions under which services are
provided, including the price thereof, and may therefore influence the decision of some persons to visit the
country (1).

(1)

Judgement of 15 March 1994, Commission v Spain, C-45/93.