Parliamentary questions
24 May 2016
O-000081/2016
Question for oral answer
to the Commission
Rule 128
Dariusz Rosati, Elżbieta Katarzyna Łukacijewska, Danuta Jazłowiecka, Janusz Lewandowski, Róża Gräfin von Thun und Hohenstein, Dita Charanzová, Marian-Jean Marinescu, Andor Deli, Martina Dlabajová, Ildikó Gáll-Pelcz, Siegfried Mureşan, Petras Auštrevičius, Ivana Maletić, Krišjānis Kariņš, Csaba Sógor, Eva Paunova, Renate Weber, Michaela Šojdrová, Jeroen Lenaers, Romana Tomc, Ramona Nicole Mănescu, Tunne Kelam, Luděk Niedermayer, Gunnar Hökmark, Inese Vaidere, Pavel Telička, Bogusław Liberadzki, Wim van de Camp, Marijana Petir, Andrej Plenković, Gesine Meissner, Antanas Guoga, Kaja Kallas, Svetoslav Hristov Malinov, Maria Grapini, Henna Virkkunen, Roberts Zīle, Jacqueline Foster, Salvatore Domenico Pogliese, Alojz Peterle, Antonio López-Istúriz White, Dubravka Šuica, Tomáš Zdechovský, Daniel Dalton, Ivan Štefanec, Massimiliano Salini, István Ujhelyi, Kay Swinburne, Davor Ivo Stier, Georgios Kyrtsos, Jiří Pospíšil, Pavel Svoboda, Seán Kelly, Adina-Ioana Vălean, Deirdre Clune, Milan Zver

 Subject: Germany's law on minimum wage

As of 1 January 2015 the German Minimum Wage Act (known as MiLoG) establishing a minimum hourly rate of EUR 8.50 has also been applicable to all employees who carry out their work on German territory only on a temporary basis, and to transit coach drivers, regardless of where their employers are permanently based. It is our understanding that these MiLoG provisions make it impossible for transport undertakings to benefit from the freedoms of the EU internal market.

In May 2015 the Commission stated that the application of the minimum wage provided for in MiLoG was not justified as far as transit shipments and ‘certain international transport operations’ are concerned, and launched an infringement procedure against Germany.

However, this infringement procedure has now been underway for over a year and companies, in particular SMEs, have still not been given any detailed answers regarding which rules are to be applied. This causes legal uncertainty and lack of clarity with regard to further pursuit of economic activities within the EU.

Taking into account the aforementioned and the Commission’s answers to Written Questions E-010081/14, E-010749/14 and P-010809/14 submitted by various MEPs, we have the following questions for the Commission:

1. Has the Commission already received precise clarification and satisfactory justification from the German Government on MiLoG and its compliance with EU law?

2. What is the current status of the infringement procedure on this issue?

3. Does the Commission plan to address this issue in its upcoming Road Package, particularly given that the legal uncertainty created may cause further internal market distortions, with other Member States introducing similar actions?

Last updated: 14 June 2016Legal notice