92000E1884

WRITTEN QUESTION E-1884/00

by María Sornosa Martínez (PSE) to the Commission

(9 June 2000)

Subject: Harmonisation of systems for the notification of public acts

A Belgian citizen, Mr Claes, owns land in Playa de San Juan in Alicante (Spain). His land was included in the project to reallocate plots of land under the first stage of the La Condomina Plan. As a result, the area of the plots allocated to Mr Claes (2 400 square metres) is less than one fifth the size of his original piece of land (14 000 square metres). During the procedure for reallocating land the system of notification has restricted the ability of non-Spanish citizens to represent their own interests at local government offices and register their opposition to or appeal against town planning projects. Under this system, notification is not sent to the home of each party involved, e.g. to Mr Claes's address in Belgium, it being considered sufficient to post up a public notice, to which those resident abroad naturally do not have access. In particular, Mr Claes was deprived of his full right to hold on to his land and make a cash payment to the town planning authorities, as the law entitles him to do. He was never informed about this right and the deadline for exercising it.

In view of all this, can the Commission say:

1. whether it does not consider that this kind of situation leads to discrimination against Community citizens;

2. whether it intends to introduce measures to harmonise the notification of public acts in order to prevent any discrimination against Community citizens in procedures affecting their right of ownership;

3. what forms of redress are open to Mr Claes to remedy this situation?

Answer given by Mr Vitorino on behalf of the Commission

(8 September 2000)

The information provided only by the Honourable Member does not enable the Commission to determine whether the rules relating to publication and posting to which she refers constitute discrimination on the basis of nationality. At first sight, the answer would appear to be no in so far neither the nationality of the owners of the land in question nor their place of residence constitutes a criterion for the application of any given provision. The procedure seems to apply to all owners and accordingly apply in the same way to an owner of Spanish nationality residing in another Member State.

The Commission does not envisage proposing Community rules on the notification of public acts in Member States. However, it would point out that the Member States can neither introduce nor maintain national provisions which could constitute discrimination under the EC Treaty. It would also point out to the Honourable Member that on 29 May 2000, the Council adopted a Regulation on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters(1). However, this Regulation applies only to the transmission of documents from one Member State to another.

The means of redress open to the citizen referred to by the Honourable Member are those provided for by the national legislation in force.

(1) OJ L 160, 30.6.2000.