IP/07/1079
Brussels, 12 July 2007
SOLVIT: five successful years of solving
concrete problems in Europe – faster
Since its creation in 2002 the EU's SOLVIT network
has provided people living, working, studying, or doing business in another EU
country with fast and effective solutions to over 1,800 concrete problems. These
problems occur when national administrations apply EU law incorrectly and deny
citizens and businesses their Single Market rights. For example, SOLVIT has made
it easier for an Austrian company to sell its cheese in France, for a British
hairdresser to open a salon in Germany and for a Hungarian doctor to work in
Ireland. SOLVIT now aims to build on this success by increasing capacity and
ensuring that more people are made aware of the service.
Internal Market and Services Commissioner Charlie McCreevy said: "Over the
past five years SOLVIT has delivered real solutions to hundreds of real problems
in Europe. And by getting all the parties together informally it delivers those
solutions often within weeks, not years down the line. It's a great example of
the EU and Member States working together. Over 1,800 Europeans can now do more
in the Single Market thanks to SOLVIT – I hope the next five years will
prove even more successful."
In November 2001, the European Commission pioneered the idea of an efficient,
red tape-free network in which Member States would work together to find fast
and pragmatic solutions for problems that EU citizens and businesses may
encounter when they move or trade across borders. At the time, the idea was met
with scepticism in some quarters, especially with regard to the informality of
the approach and the short deadlines to be respected. Nevertheless, in July 2002
SOLVIT was up and running and delivering real solutions within a short time.
Today, SOLVIT is regarded as an excellent model for effective cooperation
between Member States in a variety of policy areas.
The five keys to SOLVIT's success
In the past five years, SOLVIT has built up a reputation as an effective
problem-solving network thanks to its:
- Commitment to defending the EU rights of citizens and businesses
- Emphasis on fast and pragmatic solutions with the help of an online
case-handling database
- Knowledge of EU law and access to Commission experts' advice
- Strong network of contacts with relevant authorities at national level
- Team spirit and friendly working relations
The main SOLVIT
challenges for the future
In the future, SOLVIT aims to continue delivering a first-class service. To
that end, national centres should be sufficiently staffed to be able to solve
the increasing volume of problems that are submitted to them. Moreover, through
improved promotion activities, citizens and businesses should become more aware
of SOLVIT's existence.
Facts and figures
- In 2002 SOLVIT registered around 10 new cases per month; five years later
this figure has increased to 60.
- Over the past five years, the average resolution rate for SOLVIT cases
remained stable at 80 %.
- Of all resolved cases in since 2002, 71% were resolved within the SOLVIT
deadline of ten weeks.
- Average case handling time decreased significantly from an average of 79
days in 2002 to 54 days in 2006.
- Citizens submitted two thirds of SOLVIT cases. The major problem areas for
citizens were social security, taxation and recognition of professional
qualifications.
- Businesses submitted one third of SOLVIT cases. Their main problem areas are
taxation, market access for products, the provision of services and freedom of
establishment.
Related EU services
SOLVIT is part of a package of free services designed to help citizens and
businesses make the most of their EU rights, including Europe Direct, the
information portal Your Europe (http://ec.europa.eu/youreurope) and
the Citizens Signpost Service (http://ec.europa.eu/citizensrights)
which provides personalised legal advice.
How to use SOLVIT
If faced with a cross-border problem caused by the incorrect
application of EU rules by a public authority at national, regional or local
level, citizens or businesses can fill out an online complaint form or contact
their national SOLVIT centre by email or telephone.
The online form and all contact details for national SOLVIT centres are
available on the SOLVIT website at:
http://ec.europa.eu/solvit
Annex
5 year anniversary selection of SOLVIT success stories
AT – AUSTRIA
France lifts barrier to
market access for Austrian cheese
A French importer of Austrian
cheese was summoned by the French authorities to send a consignment of cheese
back to Austria, even though the same product had already been marketed in
France. The French authorities objected to the presence of starch in the cheese
and to the addition of 'de montagne' to the brand name. The decision was based
on French national legislation, which was in contradiction to EU law since 'de
montagne' is not an 'appellation controlée,' nor did the starch in the
cheese present a danger to public health. SOLVIT France intervened and convinced
the French authorities that they should give the Austrian product full market
access.
Solution found within 12 weeks.
SOLVIT
helps Austrian citizen to get his European Health Insurance Card
An
Austrian teacher living in Austria and working in Italy requested a European
Health Insurance Card in Italy. The Italian insurance authorities, however,
refused to issue the card arguing that he should either have his residence in
Italy or be registered as tax-payer in Italy. SOLVIT found that, in accordance
to art. 14 f and art. 20 of Regulation 1408/71, the teacher was fully entitled
to obtain the card. SOLVIT Italy intervened and clarified that a tax residence
is not a condition for getting the European Health Insurance Card. Four weeks
after, the Austrian teacher obtained his card.
Solved within 10
weeks.
BE – BELGIUM
SOLVIT Netherlands helps
Belgian doctor resurface from a difficult dive
A Belgian doctor
specialised in the medical examination of divers complained that the medical
certificates he issued were not accepted in the Netherlands. The Dutch
authorities required all divers not holding Dutch certificates to be re-examined
by a Dutch divers' doctor as a condition for working in the Netherlands. SOLVIT
Netherlands held intensive negotiations with the Dutch Ministry of Employment
and Social affairs and eventually persuaded them that the Dutch rules were not
in line with EU law and had to be amended. The case was successfully concluded
by a formal letter of the Director of the department for working conditions in
which he promised to revise the rules in line with EU requirements and, as an
interim solution, to issue guidelines to the relevant instances so that they
could adapt their practices immediately based on direct application of EU treaty
provisions.
Solved within 14 weeks.
SOLVIT Portugal
helps Belgian citizen to apply for public jobs in Portugal
A Belgian
national who had been living and working in Portugal for several years was
refused access to apply for a job in a municipality because she was not
Portuguese. SOLVIT Portugal pointed out to the municipality that this was
against the EU regulations prohibiting the refusal of employment based on
nationality. Recognising their discriminatory practice, the municipality
accepted the Belgian's application and confirmed that there would be no
'Portuguese nationality' restriction on future vacancies.
Solved
within 6 weeks.
BG –
BULGARIA
Ukrainian spouse of Bulgarian national gets visa to
Spain
The Spanish embassy in Prague rejected a Ukraine national with a
Bulgarian husband an entry visa to Spain. Her request was denied due to a
two-year-old stamp in her passport from the Spanish embassy in Kiev denying an
unrelated visa request. The officer did not know what this stamp meant, but
recommended that the woman go to Kiev to remove the stamp at the Spanish
embassy. SOLVIT Czech Republic found this in breach with EU law: issuing a visa
to EU citizens' family members should be a mere formality and shouldn’t
result in the denial of entrance to an EU country, nor should its issuing be
charged by high fees or complicated by unnecessary administrative requirements.
Since the Czech SOLVIT centre's communications with the officer at the Spanish
embassy in Prague were not fruitful, SOLVIT Spain brought up the case with
authorities in Spain. Soon after, the Spanish embassy in Prague granted the
visa. Solved within 4 weeks.
Slovakian doctor working
in Germany
A Slovakian doctor with three years of working experience
in the Czech Republic was denied recognition of her qualifications in Germany.
German authorities claimed she had not fulfilled the EC directive that states a
qualification may only be recognised if one can prove working experience in
one's own state of origin for at least 3 consecutive years during the five years
prior to requesting recognition abroad. She received no answer after sending her
diploma; a list of her subjects, exams and marks from the University; a
certificate on the working period from the Czech hospital were she worked; and a
certificate from the competent Slovak health authorities that her qualification
was compatible with EU regulations. SOLVIT determined that, as long as Slovak
health authorities agreed that she had been effectively and lawfully engaged in
the necessary activities for at least three of the past five years, German
authorities should accept this as proof of her qualification. In conclusion,
SOLVIT Germany convinced the competent authority to recognise the Slovakian
doctor's qualifications. She is now authorized to practice medicine in Germany.
Solved within 3 weeks.
CY -
CYPRUS
Cypriot engineer registered with British
diploma
A Cypriot applied to the Cyprus Scientific and Technical
Chamber (ETEK) to register as a Mechanical Engineer with an MSc in Aeronautical
Engineering he had obtained in Bristol, the United Kingdom. He was denied due to
insufficient proof of qualification. SOLVIT Cyprus contacted ETEK to discuss the
case, promptly after which they accepted the complainant’s professional
qualifications and registered him as a Mechanical Engineer.
Solved
within 1 day.
UK customs authorities pay refunds to Cypriot
A Cypriot national purchased a new car in the United Kingdom and
used it there for one month before returning back to Cyprus with it. Although he
had paid UK VAT at the time of purchase, Cypriot authorities requested another
VAT payment upon his arrival in Cyprus. Upon further investigation he found out
that, according to EU legislation, VAT should only be paid to the country of
final destination. He was therefore obliged to pay VAT in Cyprus and entitled to
a refund from the UK customs authorities, who nevertheless refused his request.
SOLVIT UK was able to clarify the position with their customs authorities and
get them to repay the VAT to the client.
Case solved within 3
weeks.
CZ - CZECH REPUBLIC
Luxembourgian
Benefits for Czech Babies
A Czech citizen living and working in
Luxembourg has been receiving Luxembourgian child benefits for his son born
before he moved to Luxembourg. Now his Czech partner is on maternity leave, for
which the Czech competent authority refuses to pay parental benefits until it is
certain that she is not receiving similar benefits from Luxembourg. The family
contacted SOLVIT because the competent Luxembourgian authorities are not
answering them about their request for parental benefits. SOLVIT Luxembourg
pressed Luxembourgian authorities on the matter, who decided to pay parental
benefits to the client, deeming it unnecessary for them to collect parental
benefits from the Czech Republic.
Solved within 10
weeks.
Czech paediatrician's degree recognized in the
UK
A Czech paediatrician's specialized degree was denied recognition
by the British General Medical Council despite the degree's conformity with the
EU Council Directive 93/16/EEC. The problem lay in an incorrect presentation of
the degree: the Czech Ministry of Health refused to present her with a
certificate containing the name of the specialization and the date it was
awarded to her, as required by the British General Medical Council. SOLVIT Czech
Republic's intervention led the Czech Ministry of Health to provide her with her
degree confirmation in the required wording. With that, her paediatric
qualification could be recognised in the United Kingdom.
Solved
within 4 weeks.
DE – GERMANY
German
doctor's self-employment status clarified in Belgium
A German doctor
living in Belgium opposed his classification as a regular self-employed person
in Belgium. He claimed that his work as a doctor in Belgium had the character of
a second job in addition to his full time job in Germany. Due to the improper
classification he had to pay a social insurance in Belgium for 2003 and 2004
that was disproportionate to the low income he had there. The petitioner
requested to be classified as an avocational self-employed person for the years
2003 and 2004 as well as from 2005 on. Further investigation involving the
Belgian national institute of social security for independent workers, the
German doctor's request was accepted.
Solved within 13
weeks.
German company pipes France
A German company
producing cast iron pipes and special fittings was successfully marketing its
products on the German market as well as in seven other EEA countries. The
products were produced in Croatia and China exclusively on behalf of this
company and accordance with EU standards. Nonetheless, French authorities
required further testing to be done that would have cost the company between
30.000EUR and 40.000EUR. SOLVIT France contacted the competent French authority,
who entirely recognized the fact that the products marketed by this company
fulfilled EU norms. In conclusion, it was decided that the German company would
not be required to engage in further testing in order to market its products in
France.
Solved within 14 weeks.
DK –
DENMARK
Vann, Vand, Vatten – It's all water after
all
The Swedish daughter of a Norwegian company importing Danish and
Norwegian food into Sweden was reprimanded in the municipality of Strömstad
for labelling its products with the Danish and Norwegian words for "water"
rather than the Swedish word. EU regulation states the labelling should be
understood by the consumer, while Swedish regulation states that although
product labelling should be in Swedish, another language is acceptable provided
the spelling is such that the consumer can identify the product without
difficulty. The company felt that, given the commonality of the word, the close
proximity of Strömstad to Norway, and the general familiarity of
Scandinavians with the three languages across their common borders, it should
not be forced to change their labels for such a minor detail. When approached
by SOLVIT, the municipality agreed to lift the barrier.
Solved within
5 days.
Danish roofing technology gets German green
light
Three years after first trying to obtain an approval for its
fibre-cement roofing sheets in Germany, a Danish building material company
turned to SOLVIT to make sense of the many special requirements and regulations
it had been facing from German construction authorities. As the roofing sheets
had already been approved in several EU member states, SOLVIT confirmed that the
long period of time German authorities were taking to handle the case was
contrary to the rules on free movement of goods within the EU. SOLVIT's
intervention sped up the process – more Danish fibre-cement roofing sheets
for everybody!
Solved within 15 weeks.
EE
– ESTONIA
Green light for Estonian car in Finland
An Estonian citizen living and working in Finland for two and a half
years leased a car from an Estonian leasing company for personal use in Finland.
Finnish customs seized the Estonian car claiming that, according to national
taxation laws, the car could only be released after the payment of certain car
registration taxes, a large part of which had already been paid in Estonia.
After the intervention of SOLVIT Finland, it was established that the Finnish
car registration tax could be considered an obstacle to the right of freedom of
providing cross-border services for leasing companies from EU Member States.
Taxation authorities revisited the case and promptly issued the appropriate tax.
Solved within 10 weeks.
Lithuanian daughter travels
to Austria with Russian mother
A Lithuanian national and her Russian
mother, both legally recognised residents of Lithuania, wished to travel to
Austria together. The Austrian Embassy in Vilnius requested the mother to
present a visa application and various additional documents concerning her
living place in Austria, invitation to Austria, financial documents, health
insurance, etc. Sensing an unnecessary lengthy treatment of the visa process,
SOLVIT Austria requested a facilitated visa procedure which was granted after
certain conditions regarding the process were clarified between both parties.
Solved within 3 weeks.
EL –
GREECE
Greek citizen helped out of taxation trap
A
Greek citizen had a temporary job in Denmark for three months and continued his
stay in Denmark as a student. He had to pay taxes on the temporary income but
could not benefit from the lower tax rate of 8% that applies for yearly income
below 36.000 DKr for Danish tax payers. SOLVIT helped to clarify that the fact
that the Greek citizen continued to reside in Denmark should be taken into
account so that he could claim reimbursement of some of the tax already paid
under the same rule as applicable for other Danish residents.
Solved
within 3 weeks.
Cypriot residence permit for Greek
claimant of social welfare
A Greek national acquired a Cypriot work
permit upon moving to Cyprus. The following year, he suffered a serious
industrial accident which permanently incapacitated him from work. Since then,
the complainant had been drawing a disability pension from the Cypriot social
security fund. He then applied for an additional public pension from the social
welfare office, for which he was asked to present a resident permit. However,
the Civil Registry and Migration Department refused to issue this permit because
he was not employed. Seeking a way out, the Greek man turned to SOLVIT. SOLVIT's
intervention convinced the Civil Registry and Migration Department to issue the
residence permit, allowing him to continue with his application for social
welfare public pension.
Solved within 4 weeks.
ES
– SPAIN
Spanish worker gets his pension from Germany
A Spanish citizen had worked for some time in Germany and applied
for a pension through the Spanish Social Security Institute, INSS. German
authorities refused his application, pointing out that the contributions to his
pension, i.e. DM1530.31, had already been returned to him via the Spanish
pension authorities. The Spanish citizen insisted that he had never received the
money. Following SOLVIT Germany’s intervention it was established that the
Spanish citizen had indeed never received said contributions. The German
authority confirmed that the pension would be reimbursed.
Solved
within 10 weeks.
Recognising work experience across the EU
thanks to SOLVIT
A Spanish citizen wished to have her professional
experience as residential social worker in United Kingdom recognized in order to
skip the practical modules of a specific training she was following in Spain.
However, the competent authority argued that they could not take into
consideration her experience in the United Kingdom because this could not be
proved with the appropriate Spanish certificate for working experience. SOLVIT
Spain contacted the authorities to convince them that the E301 form submitted by
the social worker was equivalent to the Spanish 'vida laboral' and should
therefore be accepted.
Solved within 8 weeks.
FI
– FINLAND
SOLVIT Spain helps Finnish citizens to overcome
bureaucratic hurdles
A Finnish pensioner had been living in Spain for
8 years. Whenever she returned to Finland for a vacation, she received the
European Health Insurance Card from the Spanish health insurance authorities but
with duration of only for 3 months. This was not convenient since she wanted to
stay in Finland for a longer period. Moreover, Spanish pensioners received the
same card with a validity of 2 to 4 years. SOLVIT Spain contacted the relevant
authority about this discriminatory treatment and persuaded them introduce the
same rule for both Spanish and other EU pensioners. As a result all applicants
now receive the health insurance card with duration of one year.
Solved within one day.
Finnish dental practitioner
can take up job in Spain thanks to SOLVIT
A Finnish citizen
had applied for professional recognition as a dental practitioner in Spain. She
did not receive a reply for many months and finally she contacted SOLVIT for
help. SOLVIT Spain found out that there had been a misunderstanding about the
procedure to be followed and they succeeded in speeding up the decision of the
ministry so that the Finnish dental practitioner could start working in Spain.
Solved within one day.
FR –
FRANCE
SOLVIT Netherlands helps French citizen obtain car tax
reimbursement
A French citizen bought a new car in France
where he also registered it and paid VAT. He then moved to the Netherlands with
his car and registered it in his new place of residence. Dutch authorities asked
him to pay the Dutch VAT and advised him to ask French authorities for the
reimbursement of the French VAT. This request was contrary to EU law, since a
change of residence does not justify the levying of a VAT. After the
intervention of the Dutch SOLVIT centre, the Dutch competent authorities
announced that they will reimburse the amount of VAT paid in the Netherlands to
the client.
Solved within 7 weeks.
French citizen
receives social security benefits in the Netherlands
A French citizen
married to a Dutchman moved to the Netherlands where she wished to request
unemployment benefits. In order to get these benefits, the French authorities
needed to grant her specific form that would enable her to keep her rights while
moving to the Netherlands. The French competent authority initially refused to
deliver the document – contrary to what is foreseen by EU law on
coordination of social security rights. Thanks to the intervention of SOLVIT,
that authority finally agreed to send the form, ensuring her social security and
unemployment benefits throughout the EU.
Solved within 2
weeks.
HU - HUNGARY
SOLVIT Ireland helps
Hungarian doctor get his diploma recognised
A Hungarian doctor
requested recognition of his medical diploma in Ireland. The Irish Medical
Council refused the request, requiring further documents. While the doctor had
received his diploma in 1985 before the date of required recognition of EU
diplomas, he could prove that he had effectively and lawfully been exercising
his profession for at least the required minimum period. EU directives state
that his working experience should suffice for recognition of his
qualifications. After the Irish SOLVIT Centre contacted the Irish Medical
Council, the Hungarian doctor was granted full registration.
Solved
within 3 weeks.
French sick leave paid to Hungarian
sailor
A Hungarian sailor had been working in France for one month
when he became ill. After completing what he thought to be the necessary
sickness leave forms, French authorities refused him his sick-leave payment.
Unable to further advance in the matter, he contacted SOLVIT. After
investigating the case and communicating with the proper French authorities,
SOLVIT identified the missing forms, enabling the sailor to obtain his
sick-leave payments.
Solved within 4 weeks.
IE
– IRELAND
Irish mortgages meet French taxes
An
Irish woman wished to invest in property in France for which she wanted to take
out a mortgage with an Irish mortgage provider. The French Finance Ministry
informed her that the mortgage interest on the rental income would not be
treated as deductible when assessing liability to income tax in France. However,
if she were to take out a mortgage with a French mortgage agent, the mortgage
interest on the rental income would be treated as deductible.
After
investigating the case, SOLVIT found that revenues deriving from French sources
should be determined in equal terms whether the owner does or does not have
his/her fiscal residence in France. As there should be no condition tied to
nationality or quality of the loaner, the interests of the debts constricted by
a non-residing taxpayer to an Irish establishment for the conservation,
acquisition, repairing or the improvement of a property are admitted to tax
inference; SOLVIT determined there should be no problem for the Irish woman's
Irish mortgage payment interests to be tax deductible in France.
Solved within 8 weeks.
SOLVIT defends the rights of
Irish citizens' spouses
While flying between St. Petersburg and
Ireland, an Irish citizen and his Russian spouse had a two-hour stopover in a
Prague airport. Bad weather delayed their arrival in Prague, causing them to
miss their connecting flight home to Ireland. Czech immigration authorities
refused the Irish citizen's non-EU spouse her transit visa, despite the
presentation of both passports, the Russian wife's Irish Immigration card, and
her third country national visa stating that she is the legitimate Spouse of an
Irish Citizen. They were forced to spend the night in the airport. After being
contacted by SOLVIT, the Czech Ministry of Interior admitted that refusal to
issue the visa to the client was not consistent with Czech legislation or
appropriate procedures, and that it should not happen again. The approach of the
Czech custom official was purely an individual failure and was not a consequence
of structural problems concerning domestic legislation or the application of
appropriate regulations. The couple accepted the apology presented by the
Ministry.
Solved within 3 weeks.
IS –
ICELAND
Icelandic citizen residing in Austria can still use his
driver's license
An Icelandic citizen residing in Austria had a
valid Icelandic driving licence. Austrian authorities informed him that, as he
had been residing in Austria for more than six months, his Icelandic driving
licence had automatically expired and he would consequently have to request a
new Austrian driving licence. After the intervention of the Austrian
SOLVIT-centre, it was clarified that the EU-rules on the mutual recognition of
driving licences had been incorporated into the EEA agreement, obliging Austrian
authorities to acknowledge the Icelandic driving licence.
Solution
found within 5 weeks.
Icelandic doctor can start work in the
United Kingdom
An Icelandic doctor had spent his professional career
working in Sweden, Norway and Iceland. This doctor was offered a job in the UK.
Before taking up the job, he needed to have his professional qualifications
recognised by the General Medical Council (GMC) of the UK. Despite his
professional experience in several Member States, the GMC refused to recognise
his qualifications. SOLVIT intervened to point out to UK authorities that the
refusal was contrary to EU legislation. The General Medical Council acknowledged
the mistake and agreed to recognise the qualifications.
Solved within
10 weeks.
IT – ITALY
Italian diploma recognised in Portugal
An Italian social worker who previously worked in youth development
programmes in Portugal moved to Portugal volunteer in a cultural centre
promoting social integration, citizenship formation and multicultural activities
and exchanges. Soon afterwards she was offered a paid professional traineeship
at the centre as Manager of European Projects for Youngsters promoting European
interchanges and multilingual intercultural activities. In order to begin her
professional traineeship, she was requested to provide a Portuguese approval
document of her Italian diploma. Getting her diploma recognised proved to be a
lengthy and costly process, prompting her to contact SOLVIT. SOLVIT made use of
its contacts in NARIC, a network which facilitates the integration of EU
education systems, and obtained a formal declaration stating the validity of the
Italian diploma. This declaration was accepted, enabling her to begin work at
the cultural association immediately.
Solved within 2 weeks.
SOLVIT helps Italian citizen to
get car tax exemption in Portugal
An Italian couple took up
residence in Portugal and left their classic car in Italy with their sons. After
three years they decided to bring the car to Portugal for their own use. The car
was impounded by the Portuguese authorities because it had not been registered
in Portugal and the 30% registration tax had not been paid. While Portuguese law
foresees a period of six months for registering a car imported from another EU
country, the authorities counted this period from the date of formal residence
of the couple in Portugal, not the actual date of transfer of the car from Italy
to Portugal several years later. As a result, the couple had to pay a 9.800 EUR
tax plus fine for a 20-year-old car with a value of 1.000 EUR. After the
intervention of SOLVIT Portugal, the authorities accepted to take the age of the
car into account and exempted the Italian couple from paying the tax.
Solved within 7 weeks.
LT –
LITHUANIA
Lithuanian daughter travels to Austria with Russian
mother
A Lithuanian national and her Russian mother, both legally
recognised residents of Lithuania, wished to travel to Austria together. The
Austrian Embassy in Vilnius requested the mother to present a visa application
and various additional documents concerning her living place in Austria,
invitation to Austria, financial documents, health insurance, etc. Sensing an
unnecessary lengthy treatment of the visa process, SOLVIT Austria requested a
facilitated visa procedure which was granted after certain conditions regarding
the process were clarified between both parties.
Solved within 3
weeks.
SOLVIT helps husband of Lithuanian citizen to get entry
visa
Finnish authorities refused to issue an entry-visa to a Nigerian
woman married to a Lithuanian national residing in Finland, claiming that
"documents justifying the purpose and conditions of intended stay, or the
contents of these documents, are defective or unclear." SOLVIT Finland informed
Finnish authorities that according to EU regulations on the granting of visas
for spouses of EU nationals, Finnish authorities were infringing upon articles
of the EC directive by refusing the visa. Finnish authorities recognised their
mistake and granted the visa.
Solved within 8
weeks.
LU – LUXEMBOURG
French benefits
for Austrian citizen
After having worked in Austria for 13 years, an
Austrian citizen left her job to move to France with her French fiancé. In
France she experienced great difficulties applying for unemployment benefits.
Despite repeatedly providing the proper documents, she was repeatedly rejected
and told to provide other documents than formerly requested. SOLVIT France
contacted French authorities in order to explain to them that the plaintiff had
not been properly advised and therefore hindered from receiving unemployment
benefits. The unacceptable manner in which she had been repeatedly misinformed
was finally recognised by French authorities, who granted her unemployment
benefits from the moment of SOLVIT's intervention onward.
Solved
within 10 weeks.
SOLVIT helps Dutchman collect full pension
rights
A 65-year-old Dutch national with extended working experience
in The Netherlands, Spain and France faced some obstacles trying to collect his
pension. Spain denied him his pension for the 16 years he worked there because
he allegedly had not contributed to any EU country's social security funding at
least two years in the last 15 years before retiring. Further investigation
revealed that Dutch authorities had not provided Spain with the proper proof of
the retiree's contribution to the Dutch social security system until his last
working year. SOLVIT persuaded Dutch authorities to send the correct forms to
Spain, enabling the retiree to collect his rightful pension.
Solved
within 3 days.
LV – LATVIA
Blinded
Latvian sailor receives Danish social security
As a result of his
work on a Danish vessel, a Latvian sailor lost his eyesight, rendering him
incapable to work any longer. The sailor applied for disability benefits from
Latvia, his place of residence, but was told to apply directly to the Danish
competent authority, who did not respond to his plea. SOLVIT established that,
according to EU regulation, the institution of the place of residence (Latvia)
is responsible to accept and process the application for the disability pension.
Furthermore, EU law states that the client is entitled to receive pension from
Denmark. As a result of SOLVIT's investigation, the application was
re-submitted, accepted, forwarded to the Unit of International Affairs, and then
sent to the competent Danish institutions for pension processing.
Solved within 1 day.
Latvian nurse working in Malta
A Latvian nurse living in Latvia for 26 years recently moved to
Malta after marrying a Maltese national. Her diploma as a registered nurse was
not recognised as valid for work due to alleged discrepancies in her certificate
and period of employment. SOLVIT Malta intervened to clarify the validity of
her Latvian diploma within the EU, allowing her to receive the necessary nursing
certificate required for her job in Malta.
Solved within 10
weeks.
MT – MALTA
SOLVIT cuts Roman
red tape for Maltese mediator
A Maltese citizen living in Italy
wished to be registered as a "mediation agent" (Agente di Affari e Mediazione).
The competent authority experienced difficulties determining whether he had the
necessary qualifications for this activity. The administrative procedure was
taking more than a year and prevented the Maltese agent from setting up his
business. In one month, the Italian SOLVIT centre clarified the situation with
the Italian authorities, facilitating the agent's enrolment in the register of
the city of Rome.
Solved within 5 weeks.
SOLVIT
quenches Maltese thirst for Norwegian water
A Norwegian company
exporting spring water was perplexed when asked to provide proof of its
conformity to EU trade and health standards by Maltese customs authorities.
Since the company was already exporting its spring water to various EU member
states, SOLVIT clarified the superfluity of such proof within EU regulations,
giving the Norwegian spring water free flow into Malta's market.
Solved within 7 weeks.
NL –
NETHERLANDS
Dutch company's work recognised across the
EU
SOLVIT was contacted by an authorized independent Dutch company
responsible for analysing precious metals and marking their presence in certain
goods. According to Dutch legislation, the company fulfilled all relevant
criteria necessary for their operations, resulting in their enjoyment of
recognition throughout the EU. Their cost-efficient plans to partially outsource
certain tasks to China nonetheless led Czech authorities to warn that they would
withdraw their former observation of mutual recognition. Czech authorities were
concerned that the quality of the company's inspections could suffer as a result
of their partial outsourcing. Seeing as only the marking, not the laboratory
work, was scheduled for outsourcing, Dutch authorities did not see a reason to
withdraw the company's operational licence, deeming the Czech reaction contrary
to EC legislation on mutual recognition. After it was guaranteed that the
company would agree to transparency in its overseas procedures, the precious
metals bearing the marking of the Dutch company were recognised in the Czech
Republic once again.
Solved within two weeks.
Dutch
pregnancy receives Spanish benefits
A pregnant Dutch woman who moved
to Spain with her husband intended to apply for maternity benefits in Spain, but
was told that her application could not be considered as she had not paid social
contributions in Spain for at least 6 months prior to her request. Seeing as she
had paid all necessary social contributions in the Netherlands for over three
years before moving to Spain, SOLVIT argued that she should have the right to
Spain's maternity benefits. SOLVIT's intervention clarified the situation to the
relevant authorities, who invited her to reapply for her benefits using the
proper paperwork. The payment was then promptly processed.
Solved
within three weeks.
NO –
NORWAY
Norwegian citizen receives Czech driving licence
recognition
A Norwegian citizen living in the Czech Republic was
refused recognition of his Norwegian driving licence under the justification
that Norway is not a member of the European Union. After the intervention of
SOLVIT the responsible Czech authority admitted that the current Czech
legislation providing the recognition of driving licences from EU citizens also
included citizens from EEA/EFTA countries.
Solved within 4
weeks.
Vann, Vand, Vatten – It's all water after
all
The Swedish daughter of a Norwegian company importing Danish and
Norwegian food into Sweden was reprimanded in the municipality of Strömstad
for labelling its products with the Danish and Norwegian words for "water"
rather than the Swedish word. EU regulation states the labelling should be
understood by the consumer, while Swedish regulation states that although
product labelling should be in Swedish, another language is acceptable provided
the spelling is such that the consumer can identify the product without
difficulty. The company felt that, given the commonality of the word, the close
proximity of Strömstad to Norway, and the general familiarity of
Scandinavians with the three languages across their common borders, it should
not be forced to change their labels for such a minor detail. When approached
by SOLVIT, the municipality agreed to lift the barrier.
Solved within
5 days.
PL – POLAND
SOLVIT Poland
solves a car registration problem
A Polish citizen purchased a second
hand car in Belgium. The car was delivered with incomplete registration
documents (Part I and a statement from the Belgian police that Part II had been
previously lost). In order to register the car in Poland, Polish competent
authorities requested the applicant to provide an official confirmation that the
vehicle had been previously registered in Belgium. However, the competent
registration office in Belgium refused to issue such confirmation on a request
of a private person, maintaining that such a request had to be made directly by
Polish authorities. Polish authorities refused to make such a request, as
according to Polish traffic law, the applicant himself should present all the
necessary documents. As a result, the applicant couldn’t register the car.
Thanks to intervention of SOLVIT Poland and Polish transportation authorities,
it was found that the Polish traffic law was not in line with the EC directive
in cases where the registration documents had been stolen or lost. Polish
transportation authorities adopted amendments to the regulation which clearly
state that when registration documents have been lost or stolen, Polish
authorities will directly request the necessary documents to the authorities of
another EU country. Furthermore, a specific e-form of enquiry in English is now
available for this purpose.
Solved within 3
weeks.
SOLVIT Germany helps Polish entrepreneur register his
business in Germany
A Polish citizen wanted to set up a company in
Germany, but was refused by the competent German authority on the argument that
the entrepreneur did not speak German. In view of the company he wanted to
establish this requirement was considered disproportionate and therefore a
restriction of the freedom of establishment. As a result of intervention of
SOLVIT Germany, the German competent authority resigned from the language
requirement and promised to admit the Polish enterprise.
Solved
within 2 weeks.
PT - PORTUGAL
SOLVIT Belgium
helps Portuguese citizen with registration at the Belgian unemployment
service
An unemployed Portuguese citizen moved to Belgium to look for a
job but her request for registration was rejected by Belgian unemployment
services because she did not have a residence permit. However, such a permit is
not necessary for the first three months of an EU citizen's stay in another
Member State during which they may look for a job. SOLVIT Belgium persuaded the
unemployment service to register the Portuguese citizen so that she could
benefit from a language course and assistance in looking for work. Solved
within one day.
SOLVIT UK helps Portuguese citizen get his
taxes reimbursed
After working in Northern Ireland for over three
years, a Portuguese national returned to Portugal. He was informed that he could
obtain a tax reimbursement for which he filled in the necessary forms and
submitted a declaration from one of his previous employers. For a second
employer he could not submit such a declaration because the company no longer
existed. Nine months later he had still not received the reimbursement. After
the intervention of SOLVIT UK, the Inland Revenue service sent him a cheque for
£520.44 and wrote him a letter of apology explaining the cause for the
delay.
Solved within 7 weeks.
RO –
ROMANIA
Romanian woman obtains EU work permit in
Spain
A Romanian national and legal resident of Spain before
Romania's accession to the EU contacted SOLVIT regarding his Romanian wife. She
had also been a legal resident of Spain before Romania's accession, but did not
possess a work permit. When she asked for an EU citizen residence card with free
access to the labour market, her request was denied for unknown reasons. After
SOLVIT's intervention, Spanish authorities recognised the case as a breach of
the Treaty concerning the accession of the Republic of Bulgaria and Romania to
the European Union. The applicant's spouse was invited to reapply for the
permit, this time with a positive outcome.
Solved within 3
weeks.
Unjustified Austrian treatment of Romanian bus driver
under Spanish contract corrected
A Spanish bus company legally employing
several Romanian drivers maintains a regular passenger transport service between
Spain and Romania. During a border check of one of the busses at the
Hungarian-Austrian border, the Austrian border police prevented the bus from
passing through Austria as the Romanian driver could not provide proof of
residence in Spain. The driver was unrightfully issued a ban on driving busses
in Austria for the next five years. Moreover, the bus was forced to detour
through Slovenia, to the serious inconvenience of the passengers, drivers and
the bus company. SOLVIT Spain submitted the case to SOLVIT Austria, arguing
that the Austrian police was not entitled to impose nationality or residence
requirements, let alone prevent the bus from crossing Austria. SOLVIT Austria
managed to convince the authorities that the police had made a serious mistake.
Austrian authorities offered their apologies for the inconveniences caused,
lifted the ban on the Romanian driver, and clarified their regulations to
prevent similar mistakes from happening in the future.
Solved within
11 weeks.
SE – SWEDEN
SOLVIT UK helps
Swedish citizen to obtain her unemployment benefit
A Swedish citizen
applied for unemployment benefits in the UK in accordance with EU rules. The UK
authorities took such a long time, that when they finally granted the benefit,
the Swedish citizen had already returned to Sweden in order not to lose her
Swedish unemployment benefit. The UK authorities then sent cheques to her
previous English address while she was already in Sweden. When she mandated a
friend to cash them in England this was refused by the post office and the
cheques were blocked. Furthermore, the Swedish citizen tried in vain to obtain
the necessary papers signed by the UK unemployment authorities to be presented
to Swedish authorities. The UK SOLVIT centre contacted the authorities and the
applicant received both the money and the missing form in Sweden.
Solved within 8 weeks.
SOLVIT helps Swedish widow
to obtain survivor’s pension in Greece
Administrative obstacles
in Greece prevented a Swedish citizen for several years from obtaining the
survivor’s pension to which she was entitled after the death of her Greek
husband. The Greek authorities did not accept the marriage certificate as valid
proof and required that the marriage should be registered in Athens by the
Swedish widow in person. SOLVIT Greece helped her to resolve all formalities so
that she could receive her pension.
Case solved within 10
weeks.
SI – SLOVENIA
SOLVIT supports
Belgian names for Slovene child
The child of a Belgian citizen was
born in Slovenia with a double nationality. The parents contacted SOLVIT when
the surname of the father and consequently the name of the child was refused by
the Slovene municipality for legislative reasons: at the time, the relevant
Slovene legislation would not allow citizens to choose personal names with more
than two words for either first or last names. In March 2006, a new law was
adopted that gave a legal basis to change the name in a manner that allowed
three words in the last name. The applicant filed a formal request for a name
change for the child which was granted and entered into the register in Slovenia
by May 2006.
Solution found within 12 weeks.
SOLVIT
helps Italian entrepreneur establish a company in Slovenia
An Italian
entrepreneur wishing to establish a company as a self-employed person in
Slovenia waited for three months with no answer to his residence permit requests
from Slovenian authorities. SOLVIT Slovenia investigated the case and found out
that a lack of language understanding was responsible for the confusion about
which documents were necessary for registration. SOLVIT relayed to the Italian
entrepreneur that a proof of registration as self-employed person and a proof of
health insurance would help him obtain his residence permit. With help of SOLVIT
he finally sent all documents requested and got the residence permit, allowing
him to register his own company.
Solved within 3
weeks.
SK – SLOVAKIA
Slovakian nurse
continues nursing her German patients thanks to SOLVIT
A Slovakian
nurse wished to have her professional qualifications recognised in Germany.
German authorities informed her that she had to pass an examination because her
professional qualification did not meet the minimal requirements according to
EC-law. Only 1 1/2 year after her application, the authority told the nurse that
she might be entitled to obtain automatic recognition on the basis of acquired
rights. German authorities requested therefore a certificate stating that she
had three years -out of the last five years- of continuous practice in Slovakia.
Unfortunately, since she had been working in Germany for the last two-and-a-half
years, she could not fulfil that condition at that time. SOLVIT argued that, if
the German authority had given the correct information timely, the Slovakian
nurse would have been able to submit the requested certificate. SOLVIT persuaded
the authority to accept an explanatory letter from the Slovakian Ministry of
Health stating the nurse's 9-year working experience in Slovakia. In this way,
the nurse could apply for the automatic recognition of her qualifications.
Solved within 4 weeks.
German car registered in
Slovakia
A Slovakian citizen contacted SOLVIT after experiencing
troubles registering his German car in Slovakia. The Slovakian authority denied
the client's application because the car allegedly did not fulfil Slovak
conditions concerning the permissible sound level, the braking devices, air
pollution by gases from positive-ignition engines and the electromagnetic
compatibility. However, the authorised importer confirmed that the client's car
fulfilled all conditions set by the EC directives related to the aforementioned
matters. SOLVIT confirmed that the Slovakian authority was handling contrary to
EU law by inhibiting the client from taking advantage of the free movement of
goods within Europe. After a further registration request, the client was
transferred to the proper authority who could finally register his car.
Solved within 3 weeks.
UK - UNITED
KINGDOM
SOLVIT helps British hairdresser open a salon in
Germany
A British hairdresser with over 10 years of experience
running a salon in the United Kingdom wanted to open a similar business in
Germany. The German authorities rejected his application for a permit because
his certificate of experience had allegedly not been issued by the correct UK
authority. SOLVIT Germany intervened to argue that, in accordance with EU
rules, the Chamber of Commerce had to accept the certificate. As a result, the
hairdresser received his permit to start a business.
Solved within 1
week.
SOLVIT UK helps company weigh into French
market
A UK company manufacturing medical scales wished to
expand its market in France. The company was marketing its product
in the UK and a number of Member States and thus conformed to EU rules.
However, French authorities refused to accept the product on its market and
requested additional testing. For over a year, the company tried to
have their product accepted and finally asked SOLVIT UK for help. The
UK company and SOLVIT UK worked closely together to successfully market the
product in France in a matter of weeks. According to the company, SOLVIT helped
them prevent a considerable loss.