site.btaEuropean Commission Refers Bulgaria to Court over Temporary Cross-Border Social Services

The European Commission Thursday said it has decided to refer Bulgaria to the EU Court of Justice for limiting the maximum duration of the provision of temporary cross-border social services such as consulting or advocacy services, community work, therapy and rehabilitation, skills training and care services, to six months per year. The Bulgarian Social Services Act violates Article 16 of the Services Directive 2006/123/EC and Articles 56 and 57 of the Treaty on the Functioning of the European Union, the press release reads.
 
Member States cannot fix a maximum duration for temporary services. The concept of temporary service provision is based on several different aspects such as duration, regularity, periodicity and continuity of services. Furthermore, Member States cannot require economic operators to set up a permanent establishment in their territory for services.
 
The Commission initially sent a first letter of formal notice in July 2019, followed by a reasoned opinion in July 2020. Bulgaria acknowledged the violation already in 2020 but has failed to act to ensure compliance with EU law since then, despite its commitments to pass legislation repealing the contested provision. As Bulgaria is still in breach of EU rules, the Commission has decided to refer the case to the EU Court of Justice.