WRITTEN QUESTION No. 1945/98 by Alexandros ALAVANOS to the Commission. Compliance of Greek legislation with Directive 77/187/EEC
Date: 1998-06-18
Institutions: ALAVANOS, European Parliament
Subjects: Greece, approximation of laws, commercial bank, labour law, national implementing measure, sale, transfer of businesses, worker consultation

C 13/122

Official Journal of the European Communities

EN

18.1.1999

These issues feature prominently in any Council discussion about Turkey and are raised regularly with the
Turkish authorities. However, the Council regrets that following the Luxembourg European Council Turkey has
refused to conduct political dialogue with the EU, including on human rights questions. Cooperation in the field
of human rights and humanitarian issues also form part of the European strategy set out for Turkey in
Luxembourg.

(1999/C 13/172)

WRITTEN QUESTION E-1945/98

by Alexandros Alavanos (GUE/NGL) to the Commission

(18 June 1998)

Subject: Compliance of Greek legislation with Directive 77/187/EEC

Speaking on behalf of the Greek Government, the Minister for Economic Affairs has announced a decision to sell
off the Ioniki Trapeza (Ionian Bank) which belongs to the Emboriki Trapeza (Commercial Bank). Despite being
urged to do so by bank employees, the owner of the Ioniki Trapeza and the Greek Government have failed to
implement Directive 77/187/EEC (1) relating to the safeguarding of employees(cid:146) rights in the event of transfers of
undertakings, businesses or parts of businesses. The Government(cid:146)s refusal so far to consult the employees is
contrary to the above Directive and notably Article 6 thereof which provides for the consultation of employees in
good time about matters concerning them.

Will the Commission say what measures it intends to take to prevail upon the Greek Government and the
Emboriki Trapeza to comply with the provisions of Directive 77/187/EEC?

(1) OJ L 61, 5.3.1977, p. 26.

Answer given by Mr Flynn on behalf of the Commission

(3 August 1998)

Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States
relating to the safeguarding of employees(cid:146) rights in the event of transfers of undertakings, businesses or parts of
businesses (1) applies to the transfer to another employer of all types of undertakings, businesses or parts of
businesses conducting an economic activity in the public or private sector.

Article 6.1 of Directive 77/187/EEC specifies the nature of the information the transferor and transferee are
required to provide to the representatives of their workers affected by the transfer. This information must be
given in good time before the transfer is carried out, and in any event before the transferee(cid:146)s employees are
directly affected by the transfer as regards their conditions of work and employment.

Article 6.2 also states that if the transferor or transferee envisages measures in relation to his employees, he must
consult the employees(cid:146) representatives (cid:145)in good time(cid:146) and (cid:145)with a view to seeking agreement(cid:146).

Member States may limit these obligations to undertakings or businesses which, in respect of the number of
employees, fulfil the conditions for the election or designation of a collegiate body representing the employees
(Article 6.4).

As Greek legislation satisfactorily transposes the content of Directive 77/187/EEC, any dispute in this connection
is a matter for the national courts.

(1) OJ L 61, 5.3.1977.