WRITTEN QUESTION No. 4105/98 by Ernesto CACCAVALE Possible infringement of the rules on free competition by the law governing 'banking foundations' in Italy
Date: 1999-01-14
Institutions: CACCAVALE, European Parliament
Subjects: Italy, bank, competition law, national law, non-profit organisation, restriction on competition, shareholder, shareholding, tax relief, type of business

12.11.1999

EN

Official Journal of the European Communities

C 325/55

For the immediate future, the Commission is not considering any particular measure associated with any one
European Union town in 1999.

(1999/C 325/068)

WRITTEN QUESTION E-4094/98

by Mihail Papayannakis (GUE/NGL) to the Commission

Subject: Projects in the delta of the River Nestos

(14 January 1999)

Further to my previous question on the construction and operation of dams on the River Nestos (E-1648/98), I
should like to notify the Commission that at the beginning of October 1998 the DEI (Greek Electricity Board)
stopped the flow of the river through the Platanovrysi dam; as a result part of the riverbed dried up and dead
fish were washed up on the banks. This is having adverse ecological consequences for the narrows and delta of
the River Nestos which are protected by national, Community and international law.

This action by the DEI is also in violation of the Joint Ministerial Decision 16492/1996 under which the DEI is
obliged to ensure at all times, even during the filling of the dams, a minimum flow of 6 m3/sec throughout the
length of the river, as a minimum precondition for the project.

Will the Commission say whether it is aware of this information and what representations it intends to make
to the relevant Greek authorities so that they establish who is responsible? In its answer of 26 June 1998 to my
previous question, it had stated that if violations were established, it would take the measures provided for
under Article 169 of the EC Treaty. Does it consider that the above actions by the DEI could be viewed as a
violation which is sufficiently serious to warrant initiating proceedings before the European Court Justice?

Answer given by Mrs Bjerregaard on behalf of the Commission

(17 March 1999)

The Commission brought an infringement action against Greece after a complaint had been made concerning
the conditions under which the four dams on the River Nestos were being constructed by the DEI (Greek
Public Electricity Board).

As part of the investigation of this matter the Greek authorities send a detailed report to the Commission
in September 1998 on the current status as regards the work being carried out and above all on the launching
of new studies in accordance with the Ministerial decision of 19 September 1996 approving the environ-
mental terms (attached).

The Commission would like to thank the Honourable Member for the new information provided. Indeed, the
Commission will take account of those new data when deciding how to pursue the matter.

(1999/C 325/069)

WRITTEN QUESTION E-4105/98

by Ernesto Caccavale (UPE) to the Commission

(14 January 1999)

Subject: Possible infringement of the rules on free competition by the law governing ‘banking foundations’ in

Italy

A law on the reform of ‘banking foundations’ was recently passed in Italy.

It allows such foundations to maintain holdings in banking companies, which means in practice that they can
exercise control over them. The fact that they combine socially useful functions with economic objectives
constitutes an inappropriate overlapping of roles and allows them to extend their sphere of influence to other
business activities, whilst maintaining the status of non-commercial entities, with all the tax benefits that that