91997E3123

WRITTEN QUESTION E-3123/97 by Nel van Dijk (V) and Edith Müller (V) to the Commission (13 October 1997)

Subject: 'Flower wars' in Cologne: interference with freedom of competition

Is the Commission aware of the reports in the German and Dutch press ((Including Bürger-Echo, 23 March 1996 and 6 July 1997; Express 30 May 1996; Kölner Stadtanzeiger, 21 September 1996; De Telegraaf, 2 and 21 November 1996; Rundschau, 8 May 1997. )) concerning the determined efforts of Cologne City Council to close a florists' business run by two young Dutch entrepreneurs at Cologne's Western Cemetery?

Is the Commission aware of the illogical argument used by Cologne City Council to justify terminating the florists' lease and threatening to have their stall forcibly removed, citing 'serious considerations of city-wide importance' ((Rundschau, 24 September 1996. )) after the florists had allegedly breached a verbal agreement to restrict their selection of goods?

Does the Commission endorse the view of a majority of the Cologne-Ehrenfeld District Council representatives that the termination of the lease constitutes an 'interference with freedom of competition' ((Kölner Stadt-Anzeiger, 26 June 1996 and 26 November 1996. )) prompted by complaints from long-standing competitors about the Dutch florists' lower prices?

In the light of the above, what is the Commission's opinion of the statement by the head of Cologne-Ehrenfeld District Office that 'It is only right and proper that we should consider the interests of long-standing local taxpayers' ((Express, 27 June 1996. )).

Is the Commission prepared, not least in view of the high level of public interest in this matter, to investigate whether the action taken by Cologne City Council infringes the freedom of establishment within the EU laid down in Articles 52 and 53 of the EEC Treaty and the ban on discrimination in Article 6?

If so, what measures will the Commission take?

Answer given by Mr Monti on behalf of the Commission (12 December 1997)

The Honourable Members request the Commission's views on a civil dispute between Cologne City Council and two Dutch florists over the lease of a shop in Cologne. According to the information they provide, this lease was terminated by the City Council because of complaints from German competitors about the much lower prices charged by the Dutch florists. By way of a Reply to the various problems raised, the Commission would point out that it has no knowledge of the conduct of the City Council in the matter and, not being in possession of all the underlying facts, it is unable to express a detailed opinion.

The Commission would ask the Honourable Members to provide it with any information which might enable it to assess this case.