Press Release: Freedom of establishment: Commission asks Spain to comment on Andalusian rules regarding commercial premises

The Commission decided to send a letter of formal notice to Spain because of restrictions on the establishment of commercial premises in the Autonomous Community of Andalusia. The Andalusian provisions on setting up commercial premises could be contrary to what Article 43 of the EC Treaty lays down regarding freedom of establishment. If there is no satisfactory response from the Spanish authorities within two months of when the letter of formal notice is received, the Commission could send a reasoned opinion (the second stage of infringement proceedings which may lead to the Court of Justice).