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27.9.2008 |
EN |
Official Journal of the European Union |
C 247/10 |
Action brought on 30 July 2008 — Commission of the European Communities v Republic of Austria
(Case C-356/08)
(2008/C 247/17)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and A. Böhlke, Agents)
Defendant: Republic of Austria
Form of order sought
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declare that, by imposing an obligation on every medical doctor becoming established in Oberösterreich (Land of Upper Austria) to open a bank account with the Oberösterreichische Landesbank to which fees for benefits in kind are to be transferred by the health insurance funds, the Republic of Austria has failed to comply with its obligations under Articles 43 EC, 49 EC and 56 EC; |
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order the Republic of Austria to pay the costs. |
Pleas in law and main arguments
The mandatory opening of an account, to which, moreover, all fees for benefits in kind from health insurance funds must be transferred, is disproportionate to the need to ensure the proper calculation and levying of the contributions payable to the medical councils by medical doctors established in Oberösterreich. The disputed rules for that reason amount to unjustified restrictions of three fundamental freedoms guaranteed by the Treaty, namely the freedom of establishment of medical doctors established in other Member States and that of banks, their freedom to provide services and the free movement of capital.