WRITTEN QUESTION No. 563/99 by Roberta ANGELILLI Reorganization of CONI (the Italian National Olympic Committee) and protecting jobs
Date: 1999-03-12
Institutions: ANGELILLI, European Parliament
Subjects: Italy, Olympic games, dismissal, job preservation, national law, privatisation, sports body, transfer of businesses

C 370/62

Official Journal of the European Communities

EN

21.12.1999

The Commission also wishes to confirm that in the framework of the new harmonized and more
transparent procedures for allocation of grants, a call
for applications for grant under the Promise
programme adopted by the Council on 30 March 1998 (1) to promote IS in Europe, managed by ISPO,
should be published in the Official journal in the coming weeks.

Finally, the Commission expresses the hope that this incident will not hinder a fruitful co-operation with
the University of Aarhus in the future.

(1) OJ L 107, 7.4.1998.

(1999/C 370/084)

WRITTEN QUESTION E-0563/99

by Roberta Angelilli (NI) to the Commission

(12 March 1999)

Subject: Reorganization of CONI (the Italian National Olympic Committee) and protecting jobs

On 29 January 1999 the Italian cabinet considered a draft legislative decree on reorganizing the Italian
National Olympic Committee. The decree provides for a form of reoganization which really amounts to
wholesale privatization of the structures of CONI, hiving it off from the various sports federations. This
could put many jobs at risk, as well as seriously jeopardizing the effective running of the organization.

Moreover, the privatization of these structures would not result in any less cost to the public purse; it
would simply mean that the lucrative revenue from competitions and lotteries related to sporting activities
(such as the football pools or other competitions) would be transferred to private individuals.

Can the Commission state:

1. whether it considers that the wholesale privatization of CONI and the federations should at least take

place more gradually, with particular attention being paid to safeguarding jobs;

2. whether the privatization process might run counter to the ‘European Sports Charter’ adopted in

Rhodes in 1992 at the VIIth Conference of European Sports Ministers;

3. whether such privatization might deny the poorer members of society the right to practise sport,

given the lack of public structures managed by bodies other than CONI;

4. how it views this matter overall?

Answer given by Mr Oreja on behalf of the Commission

(5 May 1999)

It is for the Italian Government to reply to the question put by the Honourable Member.

However, since the reorganisation of the Italian National Olympic Committee involves privatisation, it
comes within the scope of Directive 77/187/EEC (1) relating to the safeguarding of employees’ rights in the
event of transfers of undertakings. This Directive requires the transferee to maintain the same working
conditions as those prevailing under the transferor.

Within the meaning of the Directive, the transfer of an undertaking does not in itself constitute grounds
for dismissal by the transferor or the transferee (Article 4(1)), but this provision does not stand in the way
of dismissals that may take place for economic, technical or organisational reasons entailing changes in the
work-force.

Under these circumstances, it is the national law transposing Directive 77/187/EEC, as interpreted by the
European Court of Justice, which determines the legal consequences of this case.

(1) OJ L 61, 5.3.1977.