Commission closes case against Austria regarding boiler inspection services

The European Commission has decided to close an infringement case against Austria concerning restrictive conditions on the provision of services by foreign boiler inspection bodies, as the obstacles in question have now been removed.

On 14 December 2006 the European Court of Justice (case C-275/05) declared that Austria was in breach of Article 49 of the EC Treaty on the freedom to provide cross-border services, as Paragraph 21 (4) of its Federal Law on the security measures for boilers, pressure vessels, containers and pipes, provided that only applicants established in Austria may be approved as boiler inspection bodies.

Following the Court's ruling and the reasoned opinion sent by the Commission on 17 October 2007 under Article 228 EC, Austria has now complied with Community law by adopting and amendment to the law in question, published on 13 November 2007 in the Federal Law Gazette (BGBI. 180//2007).

Under the new Austrian legislation, boiler inspection bodies registered in other Member States are no longer obliged to establish themselves in Austria in order to be able to provide inspection services there. The amendments have ended the discriminatory rules favouring boiler inspection service providers established in Austria, and the Commission is therefore able to close the infringement proceedings.

The latest information on infringement proceedings concerning all Member States can be found at:

http://ec.europa.eu/community_law/index_en.htm

Published on: 2008-05-06

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