WRITTEN QUESTION E-0833/00 by Bertel Haarder (ELDR) to the Commission. Right to apply for compensation for expropriated property in Poland.
Date: 2000-03-21
Institutions: European Parliament, Provisional data
Subjects: Poland, accession negotiations, expropriation, indemnification, residence

C 46 E/56

Official Journal of the European Communities

EN

13.2.2001

(cid:129) thirdly, the Regulation covers for the first time vertical agreements concluded by retailers(cid:146) associations
whose members are SMEs, which should allow such firms to strengthen their market position both as
regards their suppliers and integrated distribution chains.

(cid:129) fourthly, the new legal framework provides for specific mechanisms to allow competition authorities
to act against anti-competitive practices even where the firm(cid:146)s market share is less than 30 %. These
involve either the withdrawal of the benefit of the Regulation, which can be done by the Commission
(Article 6) or, in certain cases, by the competent authority in the Member State concerned (Article 7),
or the procedure whereby the Commission declares by regulation that, where parallel networks or
similar vertical restraints cover more than 50 % of a relevant market, the field of application of the
Regulation should be limited.

(cid:129) finally, under Regulation (EC) No 2790/1999, block exemptions do apply to non-compete obligations
imposed on distributors only if their duration is less than five years, while, under the previous
arrangements, such obligations could apply to dealers for up to ten years, and even for an indefinite
period in some cases. The new rules offer distributors a real opportunity to opt for alternative
suppliers and, consequently, to exert direct pressure on their suppliers, which is more effective than
trying to legislate in detail on the rights and obligations of the contracting parties.

(1) OJ L 145, 29.6.1995.

(2001/C 46 E/060)

WRITTEN QUESTION E-0833/00

by Bertel Haarder (ELDR) to the Commission

(21 March 2000)

Subject: Right to apply for compensation for expropriated property in Poland

New rules in Poland have meant that only Polish nationals who have resided in Poland for more than five
years may apply for compensation for private property expropriated after the second world war. This
means that people who were forced to flee from Poland during and after the second world war cannot
apply for compensation from the Polish state.

Can the Commission state whether it is aware of this issue and, if so, whether it has been discussed in
connection with Poland(cid:146)s negotiations for EU membership?

Answer given by Mr Verheugen on behalf of the Commission

(27 April 2000)

As indicated in the reply it gave to Oral Question H-0642/99 by Mr Titley during question time at
Parliament(cid:146)s November 1999 part-session (1), the Commission follows with great interest the debate in
Poland on the new draft law of the Polish government regarding the restitution of confiscated property.

The Commission is fully aware that this issue is complex and primarily for Poland(cid:146)s internal policy. As for
existing Member States, the creation of schemes for restitution falls within the competence of Poland.

Amendments proposed to the restitution law which relate to nationality and residence clauses are currently
contested in the Sejm and subject to a review by the Constitutional Tribunal for their conformity with the
Polish constitution. It remains to be seen what the final scope of the new legislation will be.

The Commission would welcome any progress in passing the law, will continue to monitor the issue
closely, and will report on this in the next regular report.

(1) Debates of the European Parliament (November 1999).