WRITTEN QUESTION No. 3799/97 by José GARCÍA-MARGALLO Y MARFIL to the Commission. French Road Blockades: Legal wherewithal to protect the Single Market
Date: 1997-11-26
Institutions: European Parliament, Provisional data
Subjects: France, civil liability proceedings, damage, free movement of goods, harmonisation of standards, indemnification, labour dispute, legal system, road transport, strike

C 187/58

EN

Official Journal of the European Communities

16. 6. 98

Union. The damage done to intra-European trade is very considerable, and has led to protests from Spain, the
UK, Germany and the Netherlands. In concrete terms, Spanish hauliers(cid:146) organizations calculate that every day of
the blockade cost Spanish road-haulage undertakings over PTA 2 500 million.

During the strike begun by French lorry drivers on 3 November 1997, various countries requested the French
Government to take effective action to guarantee the free market, by setting up corridors for lorries to cross the
country.  The  French  Government,  referring  to  the  lack  of  European  harmonization  in  the  field  of  social
legislation, refused.

What measures does the Commission intend to take to oblige the French authorities to guarantee respect for
Community rules?

(98/C 187/93)

WRITTEN QUESTION E-3799/97

by Jose· Garc(cid:14)·a-Margallo y Marfil (PPE) to the Commission

(26 November 1997)

Subject: French Road Blockades: Legal wherewithal to protect the Single Market

The road blockades set up by French lorry drivers are starting to turn into a regular event, which contravenes the
Community rules on competition by preventing the freedom of movement of goods within the European Union.
The  damage  done  to  intra-European  trade  is  very  considerable,  and  has  led  to  protests  from  Spain,  the  UK,
Germany and the Netherlands. In concrete terms, Spanish hauliers(cid:146) organizations calculate that every day of the
blockade cost Spanish road-haulage undertakings over PTA 2 500 million.

During the strike begun by French lorry drivers on 3 November 1997, various countries requested the French
Government to take effective action to guarantee the free market, by setting up corridors for lorries to cross the
country.  The  French  Government,  referring  to  the  lack  of  European  harmonization  in  the  field  of  social
legislation, refused.

Does the European Union have at its disposal the legal wherewithal which would allow it to oblige the French
Govenment to intervene in order to ensure the freedom of movement of goods in the Internal Market?

Joint answer
to Written Questions E-3793/97, E-3794/97, E-3795/97,
E-3796/97, E-3797/97, E-3798/97 and E-3799/97
given by Mr Kinnock on behalf of the Commission

(30 January 1998)

The Commission has no legal basis for intervening in a national dispute between employers and trade unions.
Indeed, the Commission recognises that the right to strike is specified as a fundamental social right in the 1989
Community Charter on the social rights of workers (point 13).

As guardian of the Treaties, the Commission takes care to ensure that the free movement of goods and persons is
not  subject  to  unjustified  impediments  which  would  seriously  disrupt  the  functioning  of  the  internal  market.
However, unless a Member State is shown to be negligent in its duty to uphold the legal freedom of movement of
goods and persons as laid down in the Treaty, the Commission cannot act.

Compensation  for  damages  also  falls  within  national  competence  and  whilst  the  Commission  is  greatly
concerned about the difficulties registered by hauliers, it is not in a position to secure change.

The  Commission  does  not  envisage  undertaking  a  study  on  the  costs  to  European  economies  of  the  road
blockades.  It  is,  however,  always  ready  to  co-operate  with  the  appropriate  authorities  in  efforts  to  secure
solutions that are satisfactory for all relevant parties. As a result, on several occasions Commissioners wrote to
French ministers urging them to make every effort to ensure free circulation on their road network. In addition,
the Commission has approached both the French authorities and the professional road transport associations to
ask them to pursue progress on compensation claims.