The issue of the new German Minimum Wage Act and possible consequences for Croatian carriers

30.1.2015

Question for written answer E-001382-15
to the Commission
Rule 130
Ivan Jakovčić (ALDE)

The entry into force of the German Act on the minimum wage of 8.5 euros gross per hour for all workers in Germany from 1 January 2015 has caused confusion and raised questions, especially in the road transport sector. All foreign employers including Croatian carriers operating on that market (even in the case of transit) must pay their drivers a minimum hourly rate according to German law, which will affect business conditions. Member States were not informed in good time of the entry into force of this Act, nor of the implementing measures. Croatia is of the view that the application of provisions on posted workers to the category of carriers performing cabotage, transit or international transportation (to and/or from the Federal Republic of Germany) infringes the principle of proportionality and exceeds the scope of the rights given to a Member State by the EU acquis. There is concern about possible consequences of the application of such legislation in terms of deterring operators from other Member States from carrying out transport in Germany, whereby the German side is imposing an unjustified restriction on the freedom to provide services.

Concerning the above I ask the Commission whether the Act in question conforms to the EU acquis communautaire, i.e. the rules of the internal market and in particular the freedom to provide services, and whether the Commission is aware of all the implications of the implementation of that Act?