Brussels threatens Germany with annoyance: Violation of contract procedure in the building sector

Germany threatens annoyance from Brussels (openPR) - the European commission wants to set in Germany an end for the restrictions of the free services. It decided to communicate to Germany formally their objections again concerning the application of a bilateral agreement with Poland about the building sector. This formal report is issued in form of a statement provided with reasons in such a way specified, reports the magazine Europaticker (www.europaticker.de).

The European commission seized measures, in order to set for the restrictions of the free services in Germany an end. The commission decided to communicate to Germany formally their objections again concerning the application of a bilateral agreement with Poland about the building sector. This formal report is issued in form of a statement provided with reasons in such a way specified, the second stage of the violation of contract procedure according to the article 226 EEC contract. If the commission does not receive an answer contently placing within two months, it can call the European Court of Justice. The commission will convey Germany in addition on the basis of the article 228 EEC contract a further statement provided with reasons, in which it requests Germany to follow a judgement of the EuGH from 2006 immediately to the delegation of third citizens by European Union enterprises.

Germany - bilateral agreement with Poland in the building sector
After the bilateral agreement of Germany with Poland over the building sector German contractors can use Polish suppliers in the context of certain ratios, while enterprises from other member states, which accomplish construction work in Germany, may fall back not in the same way to Polish suppliers. In addition Germany uses this bilateral agreement since the European Union entry of Poland 2004 more restrictively, which is not compatible with the treaty of accession and its keeping still clause.

Germany - delegation of third citizens by European Union enterprises
According to a judgement of the EuGH from January 2006 Germany hurt its obligations according to the article 49 EEC contract by the regulation that for employees from third countries, which are sent for the contribution from services to Germany first the legal standard of its stay in Germany must be examined. In the opinion the commission the German government did not seize the necessary measures, in order to follow this judgement. The commission decided therefore to convey to Germany a statement provided with reasons according to the article 228 EEC contract. The draft for the change of the complained of regulation (occupation regulation) does not agree in its entirety with the iurisdiction of the Court of Justice. For opinion of the commission the member states can only require of the enterprises that they announce the presence of these employees at the latest to admission of the work, so that the responsible authorities can test during the duration of the delegation on the basis the community-legal regulations whether the employees sent rightfully in their area to be and whether the regulations pertaining to labour law are kept.

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