WRITTEN QUESTION E-3610/01

by Herbert Bösch (PSE) to the Commission

(8 January 2002)

Subject: Cross-border provision of services involving Austria and Italy

The Italian management of the Brenner Autobahn AG prohibits Austrian undertakings from performing contracts for the recovery of broken-down vehicles on the Italian side. Only authorised Italian vehicle recovery firms may recover broken-down vehicles on the Italian side. On the other hand, vehicles are recovered on the Austrian side by Italian organisations such as the ACI (Italian Automobile Association).

1. Is such prohibition of the cross-border provision of services lawful?

2. What steps will the Directorate-General for Competition take to prohibit this restriction on the freedom to provide services?

Answer given by Mr Bolkestein on behalf of the Commission

(22 February 2002)

Up until now, the Commission had no knowledge of this type of obstacle.

The Commission regrets that it is not able to give an answer at present due to the absence of details on the nature of the arrangements in question and on their legal source (is this, for example, a legislative, regulatory or administrative text, or a decision taken under an exclusive concession or contract for the exercise of a public service activity, etc.?).

If it had these details, the Commission could examine the problem from the viewpoint of which provisions of Community law may be applicable.