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Services: Liechtenstein must change its legislation on temporary work agencies

25.1.2012

PR(12)02

Today, the EFTA Surveillance Authority delivered a reasoned opinion, a final warning, to Liechtenstein concerning a Regulation on temporary work agencies.


The Authority considers the Regulation to be in breach of EEA rules on the freedom to provide services and the freedom of establishment.

According to the Regulation, temporary work agencies are required to deposit CHF 100.000 in order to provide services in Liechtenstein. However, if the agency is established in Liechtenstein and run by a person residing in Liechtenstein, the requirement is only CHF 50.000.

The difference in the amount of the deposit means that a foreign service provider will be less competitive and be less attracted to provide services in Liechtenstein. In addition, there is no justification for linking the amount of the deposit to the manager's place of residence.

The Authority opened its infringement proceedings by sending a letter of formal notice in October 2010. In its reply, Liechtenstein stated that it would amend its legislation, but no precise timetable for the adoption of new legislation was given.

The reasoned opinion constitutes a final warning to Liechtenstein. Liechtenstein has been given two months to take the necessary measures to comply with the reasoned opinion. If action is not taken to change the Regulation, the Authority may bring the matter before the EFTA Court.


For further information, please contact:

 

Mr. Trygve Mellvang-Berg,
Press & Information Officer
tel. (+32)(0)2 286 18 66
gsm. (+32(0)492 900 187




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