WRITTEN QUESTION No. 1960/98 by Antonio TAJANI , Claudio AZZOLINI to the Commission. Freedom of education
Date: 1998-06-30
Institutions: AZZOLINI, European Parliament, TAJANI
Subjects: Italy, anti-discriminatory measure, education, free movement of persons, human rights, infringement of EU law, private education, public education

C 31/104

Official Journal of the European Communities

EN

5.2.1999

(1999/C 31/140)

WRITTEN QUESTION E-1953/98

by Anita Pollack (PSE) to the Commission

(30 June 1998)

Subject: European patent application for meningitis bacteria

Is the Commission aware of the applications filed with the European Patent Office by Human Genome Sciences
who are seeking to be the first to (cid:145)own(cid:146) the whole genetic sequence of the bacteria which causes meningitis and
does it have a view on scientists fears that, if granted, this could lead to royalties having to be paid on every
treatment?

Answer given by Mr Monti on behalf of the Commission

(4 August 1998)

The Commission is aware of the patent applications that have been filed by Human Genome Sciences Inc.
It would note that they have not yet been examined by the European Patent Office and that it is not for the
Commission to assess the supposed patentability of inventions which are still at the application stage. If necessary,
it is up to the European Patent Office to decide whether the criteria for patentability have been met and to what
extent the invention may be protected.

The Commission would, however, point out that methods of therapy and diagnosis are not patentable in Europe.
This being the case, it does not consider that fees would have to be paid on every treatment using the patented
invention.

(1999/C 31/141)

WRITTEN QUESTION E-1960/98

by Antonio Tajani (PPE) and Claudio Azzolini (PPE) to the Commission

Subject: Freedom of education

(30 June 1998)

It is a well-known fact that Italy is the only European Union country that continues to practise serious
discrimination with regard to freedom of education, which is detrimental to its citizens as they are consequently
unable to choose freely between state and private education, mainly due to the expense of the latter and the lack of
funds available either for the private education sector or for Italian or Union citizens who wish to have access to it.

In view of:

1.

2.

3.

4.

fundamental human rights, as upheld in the Treaty of Amsterdam in particular,

the principles on which the Community Treaties are based,

the European Parliament(cid:146)s resolution no. 1-1456/83 (1) on freedom of education in the Community
(paragraph I(1), (2), (3), (4),(7) and (9) and paragraph II (3)),

the freedom of movement and right of residence of individuals and of families, and the consequent right of
access to educational services;

would the Commission state whether it regards this situation as infringing the rights of Community citizens, and
what action could be taken to ensure that Italy puts a stop to this form of discrimination

(1) OJ C 104, 16.4.1984, p. 69.

Answer given by Mrs Cresson on behalf of the Commission

(21 September 1998)

The Community according to Article 126 of the EC Treaty does not have any basis for intervention in the
definition of the organisation of educational systems and of curricula. Such decisions remain under Member
States(cid:146) competence.