91997E2945

WRITTEN QUESTION E-2945/97 by Cristiana Muscardini (NI) to the Commission (17 September 1997)

Subject: The internal market and 'internal' emigrants

An Italian citizen, who emigrated to Germany forty years ago, is a Veneto regional councillor and owns a house in his town of origin, where he spends his holidays and lives when he is not working. He has been prevented from re-registering his old car or even registering a new one, by something referred to simply as circular 'DG No 65', issued by the Italian Ministry of Transport on 20 June 1997. This circular 'forbids' Italians listed on the 'register of residents abroad' to register and hence also to own cars in Italy. Can the Commission say:

1. whether it is aware of the contents of this circular,

2. whether this ban is compatible with the principles on the basis of which the internal market operates,

3. why, if freedom of movement and freedom of establishment are granted, discriminatory restrictions are set on the free movement of goods?

4. how it is conceivable that the right of purchase and hence the right of ownership can be regulated in the internal market by a 'circular' (rather than a law) and be based on the concept of 'residence',

5. what steps it intends to take, after all the talk about European citizenship:

(a) to prevent a citizen of a Member State residing in another Member State of the Union from being penalized because of this situation, and

(b) to ensure that the 'internal market' is valid for the motor vehicle sector too?

Answer given by Mr Monti on behalf of the Commission (27 October 1997)

The Commission is not aware of the circular to which the Honourable Member refers.

It has contacted the Italian authorities asking for information on all the relevant legislation.

It will, where appropriate, investigate the matter under the procedure provided for in Article 169 of the EC Treaty.