Possible infringements of competition and the free movement of services in Germany

14.1.2015

Question for written answer E-000432-15
to the Commission
Rule 130
Bronis Ropė (Verts/ALE)

I trust that the Commission is aware of the laws that entered into force in Germany at the beginning of this year, which regulate the activities of foreign firms performing transport services, including cabotage, on German territory, and of the financial and administrative obstacles being created for those firms.

Given that it is the guardian of the Treaties, and taking into account EU core principles — competition law and the free movement of services — how does the Commission view the obligation imposed by Germany whereby foreign firms must register in German information systems, fill in and submit additional documents, and also pay their workers the set German minimum wage?

The German requirements applying to foreign transport firms appear to be contrary to free competition to the extent that they create a further administrative burden for carriers (drawing up the additional documents in German, more detailed accounting records of working hours and wages, etc.) and might entail additional financial costs for carriers from poorer Member States.

I would point out that Germany has introduced these requirements unilaterally, without prior coordination. I can understand that the German authorities might be seeking to help their national carriers, but I am certain that the Commission has to take steps in order to ensure that the administrative barriers being posed to foreign service providers do not lead to retaliation that could destroy fundamental single market principles.