The Brussels portal Politico describes a case of infringement proceedings launched by the European Commission against Germany in 2008 for violating the rules of the common market; This raises the question of whether the delay in procedures — which are usually carried out at a rapid pace — does not indicate the existence of double standards: one for the largest EU countries and another for the other, Politico wonders.
This is a common general market case. German states have to prevent foreign companies (Ikea and Decathlon) from opening stores on their territory, prompting an investigation by the commission. But while Brussels usually acts quickly in such cases, this case has disappeared into the system, raising questions about whether the bloc’s largest member states have different rules.
– We study politics.
Ikea first filed a complaint against Germany in 2008, followed by a similar complaint from Decathlon in 2014 after two German states blocked the opening of hundreds of stores. The companies argued that Germany violated the right to freedom of establishment enshrined in the EU Treaties and the Services Directive. The Commission agreed and initiated infringement proceedings. A second letter of formal notification was sent in 2015. Nothing since then
Adds the portal.
End of proceedings
Last year, the EU Ombudsman found that the Commission had waited too long to open the next phase of the investigation into the case. To that end — according to information obtained by Politico — the Election Commission announced a complete end to the election process.
Germany said in March it would change its national law, the commission says. At the same time, the Commission continues to maintain that “German Länder planning rules contain restrictions on freedom of establishment”. However, Brussels “is free to decide when to initiate infringement proceedings or refer the case to the CJEU”.
– reports the portal, citing fragments of the EC’s answers to its questions.
All this raises the question why the commission did not proceed with the investigation
Politics ends.
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