IP/08/332
Brussels, 28 February 2008
Freedom of establishment: infringement proceedings against Portugal The European Commission has decided to refer Portugal to the European Court of Justice over its restrictions on the establishment of inspection centres for motor vehicles, which are incompatible with Article 43 of the EC Treaty. In its reasoned opinion sent on 15/12/2006, the Commission formulated four heads of complaint relating notably to the granting of new authorisations depending on the public interest; the obligation to have a minimum share capital of 100,000 EUR; the limitation of the company's purpose; and the incompatibility rules with other activities concerning partners, managers and administrators.
In their reply of 05/02/2007, the Portuguese authorities have accepted all four heads of complaint and promised to modify the relevant national legislation accordingly, but unfortunately one year after their positive reply the necessary legislative amendments have not yet been adopted.
The latest information on infringement proceedings concerning all Member States can be found at:
http://ec.europa.eu/community_law/index_en.htm
