Commission decides to refer France to the Court of Justice of the European Union over restrictions on veterinary companies and vets that violate EU law

This article is brought to you in association with the European Commission.

Today, the European Commission decided to refer France to the Court of Justice of the European Union for failing to comply with the rules on the freedom of establishment and the free movement of services, as set out in the Treaty on the functioning of the European Union (TFEU) and the Services Directive (Directive 2006/123/EC), with regard to national rules governing veterinary companies and veterinarians.

French rules require that a majority of shares of veterinary companies be held by practicing veterinarians within the company. They also require veterinary shareholders to be present in each establishment owned by the company at least part-time. Together, these requirements effectively limit the number of establishments a veterinarian or veterinary company can operate and restrict the way veterinarians can organise their work and the company. In addition, although national law generally allows the free provision of services, France prevents veterinarians established in other Member States from providing temporary and occasional services in France.

The Commission considers that the French rules requiring a majority of shareholders to be practicing veterinarians within the company, and requiring veterinary shareholders (or veterinarians operating as natural persons) to be present in each establishment at least part-time, create unjustified barriers to the establishment of veterinary professionals contrary to EU law. The Commission also finds that France prevents veterinarians established in other Member States from providing temporary and occasional cross-border services in France, thereby hindering the freedom to provide services guaranteed by EU law. 

The Commission had previously initiated infringement proceedings by sending France a letter of formal notice in April 2024, followed by a reasoned opinion in June 2025. As the Commission considers that the efforts by the national authorities have, to date, been insufficient, it is referring France to the Court of Justice of the European Union pursuant to Article 258 TFEU.

Background 

In line with Article 49 and Article 56 of the TFEU and the Services Directive, Member States must ensure that service providers can establish themselves and offer services across borders without being subject to unjustified or disproportionate restrictions. National measures that hinder or make less attractive the exercise of fundamental freedoms must be justified by overriding reasons in the public interest and comply with the principle of proportionality. Member States may impose requirements to protect public health, or prevent fraud, but such measures must not exceed what is necessary to achieve those objectives. 

For more information  

EU infringement procedure  

Infringement decisions database and infringements map and graphs    

June infringements package: key decisions 

Infringement procedure France (INFR(2024)4005)