WRITTEN QUESTION E-1956/99 by Gerhard Hager (NI) to the Commission. Amendment of European competition law.
Date: 1999-11-05
Institutions: European Parliament, Provisional data
Subjects: EU law, competition law, control of restrictive practices, dominant position, operation of the Institutions, regulation (EU)

20.6.2000

EN

Official Journal of the European Communities

C 170 E/131

Answer by Ms Diamantopoulou on behalf of the Commission

(24 November 1999)

The Commission contacted the Austrian authorities on 3 September 1999 to ascertain what action had
been taken in the event that Community aid had been misused by the (cid:145)Euroteam Vienna Group(cid:146) for
training purposes and, more particularly, the corrective measures taken by the Federal Ministry for Labour,
Health and Social Affairs.

This letter has remained unanswered. According to the information available, the Vienna public prosector(cid:146)s
department is still investigating the activities of the (cid:145)Euroteam Vienna Group(cid:146) while the national audit
office ((cid:145)Rechnungshof(cid:146)) is carrying out an inspection ((cid:145)Gebarungs(cid:252)berpr(cid:252)fung(cid:146)) involving local enquiries
((cid:145)Vorortspr(cid:252)fung(cid:146)). A draft report will not be submitted until early next year.

(2000/C 170 E/158)

WRITTEN QUESTION P-1951/99

by Helle Thorning-Schmidt (PSE) to the Commission

(19 October 1999)

Subject: Equality between registered partnerships and marriage in connection with employment regulations

In connection with the Staff Regulations, when does the Commission intend to bring in equality between
registered partnerships (marriage between two persons of the same sex in accordance with the relevant
Member State rules) and marriage between two persons of different sexes so that, as soon as possible,
European Community employees living in a registered partnership and their families can enjoy the same
rights under the Staff Regulations as married employees?

Answer given by Mr Kinnock on behalf of the Commission

(26 November 1999)

In their current
form the staff regulations relating to officials and other servants of the European
Communities are specific in linking certain welfare rights and allowances to the status of (cid:145)married(cid:146) persons.
in such provision would require amendment to the text of various
Including (cid:145)registered partnerships(cid:146)
existing provisions of the staff regulations and such changes would have to take the form of a Council
Regulation. As the Honourable Member will know, differences exist in the laws of Member States in
relation to (cid:145)marriage(cid:146) and (cid:145)registered partnerships(cid:146), whether heterosexual or homosexual, as regulated and
recognised in law in some Member States.

In 1997 the Commission adopted various measures that gave some recognition to (cid:145)stable relationships(cid:146) so
as to be able to grant heterosexual and homosexual non-married couples (officials or other servants) a
number of administrative facilities that are not covered by the staff regulations and are neutral in money
terms. In this connection, the (cid:145)Williamson(cid:146) group(cid:146)s report on modernising the staff regulations suggests
that the Commission should give thought to the issue of (cid:145)registered partnerships(cid:146) and to their potential
recognition. In the light of the contents of that document, and in the context of the current deliberations
on reform of relevant parts of the staff regulations, the Commission envisages the possibility of tabling a
proposal along the lines indicated by the Honourable Member that would also take account of legislation
in the Member States.

(2000/C 170 E/159)

WRITTEN QUESTION E-1956/99

by Gerhard Hager (NI) to the Commission

(5 November 1999)

Subject: Amendment of European competition law

The Commission plans to amend European competition law so that the current system of investigating
prior to authorising mergers will be transformed into one where checks are carried out subsequently. Can
the Commission answer the following questions:

C 170 E/132

Official Journal of the European Communities

EN

20.6.2000

At what stage of development are the Commission plans?

How would the above-mentioned reform affect the working methods of the Commission?

How long would the procedure take between the moment when suspicions of an illegal merger first arise
and the adoption of a final decision?

Does the Commission proposal provide for claims for damages by persons affected adversely directly or
indirectly by the activities of a trust which is subsequently deemed illegal?

Answer given by Mr Monti on behalf of the Commission

(19 November 1999)

On 28 April 1999 the Commission adopted a White Paper concerning changes to the procedural rules
applicable to restrictive practices and the abuse of dominant positions (1). The White Paper does not cover
mergers, which still have to be notified and given prior authorisation before being put into effect.

The Commission has received many comments from the Member States and other interested parties,
Parliament and the Economic and Social Committee are also looking at its proposals. On the basis of the
reactions it receives, the Commission will pursue its efforts with a view to drawing up a proposal for a
Council Regulation to replace the existing one, i.e. Regulation No 17, the first Regulation implementing
Articles 85 and 86 of the EC Treaty (2). The new proposal is expected to be adopted by the Commission
and sent to the Council in the second half of 2000.

The Commission(cid:146)s work would be radically changed by this reform, in particular by the abolition of the
system of notifying restrictive practices. The bureaucracy involved in handling notifications would be
eliminated,
the most serious
infringements of the competition rules.

leaving the Commission free to concentrate on taking action against

As for the prohibition system, the length of the procedure varies considerably from one case to the next.
The White Paper proposes the introduction of a four-month time-limit, at
the end of which the
Commission would inform complainants of the action it intended to take on their complaint. The only
requirement that can be imposed on the rest of the procedure is that it be completed within a reasonable
timeframe. The Community courts ensure that this requirement is met.

Under the system proposed in the White Paper, agreements that restrict competition and fail to meet the
conditions laid down in Article 81(3) would be prohibited and rendered void ab initio without the need
for a Commission decision. The victims of such restrictive practices would be able to claim damages in the
national courts to compensate for the harm they had suffered. The Commission(cid:146)s proposed reform in no
way affects the rights of victims to obtain damages.

(1) COM(1999) 101 final.
(2) OJ 13, 21.2.1962.

(2000/C 170 E/160)

WRITTEN QUESTION E-1963/99

by Gerhard Hager (NI) to the Council

(9 November 1999)

Subject: Impact of the Schengen visa on competition

In recent years,
it has become increasingly common among Austrian haulage companies to employ
citizens from central and eastern Europe holding a six-month Schengen visa but no work permit as drivers
for journeys within Europe for financial reasons. As a result of this common practice, Union citizens have
found it increasingly difficult to find employment in this sector.