WRITTEN QUESTION E-1450/00 by Wolfgang Ilgenfritz (NI) to the Commission. Leasing of commercial vehicles in the European internal market.
Date: 2000-05-10
Institutions: European Parliament, Provisional data
Subjects: Austria, Italy, freedom to provide services, hire purchase, infringement of EU law, transport company, vehicle fleet, vehicle registration

13.2.2001

EN

Official Journal of the European Communities

C 46 E/193

of the EC Treaty. This is certainly the case as regards disabled women. Although equal treatment of the
sexes as such is not covered by the package of measures adopted by the Commission in November
1999 (1), the need for an approach integrating this principle in implementing all the measures contained in
this package explicitly follows from Articles 2 and 3 of the EC Treaty.

Hence the Commission will see to it that the situation of disabled women is duly addressed in the context
of measures implementing the various instruments which will be adopted by the Council on the basis of
Article 13 of the EC Treaty.

(1) COM(1999) 564 final.

(2001/C 46 E/229)

WRITTEN QUESTION E-1444/00

by Carmen Cerdeira Morterero (PSE) to the Commission

(10 May 2000)

Subject: Specific directive to combat discrimination against disabled people

The Commission has recently submitted a package of measures, including three directives, pursuant to the
anti-discrimination provisions of Article 13 of the Treaty of Amsterdam. However, despite the fact that
Article 13 cites disability as one of the areas in which discrimination is not to be tolerated, the said
package of measures does not contain a specific directive against discrimination based on disability.

How does the Commission view the possibility of introducing a specific directive to combat discrimination
on grounds of disability?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 June 2000)

In implementing Article 13 of the EC Treaty the Commission has opted for a gradualist approach, based
mainly on the convincing precedent of Community legislation on equal treatment for men and women.
Employment and occupation are also the key to social integration and full participation in economic,
cultural and social
life. This is why protection against discrimination in the field of employment and
occupation has been given priority and deemed sufficient, notably in the light of the principles of
subsidiarity and proportionality. However, the Commission will examine the advisability of widening the
scope of protection against discrimination linked to disability to other areas.

(2001/C 46 E/230)

WRITTEN QUESTION E-1450/00

by Wolfgang Ilgenfritz (NI) to the Commission

(10 May 2000)

Subject: Leasing of commercial vehicles in the European internal market

The Austrian haulage firm Unitrans has taken over an Italian haulage firm, thereby saving it from
bankruptcy.

Unitrans has leased its own (cid:145)Austrian(cid:146) vehicles to its Italian subsidiary, in view of the latter(cid:146)s financial
situation, characterised by a shortage of capital.

This cooperation has now been prohibited on the grounds that Unitrans does not have the certificate of
vehicle ownership which is issued following incorporation into the Italian automobile register.

C 46 E/194

Official Journal of the European Communities

EN

13.2.2001

However, only firms whose headquarters are situated in Italy can be incorporated into this register as
vehicle owners, with the result that every foreign leasing firm is excluded.

1.

Is the Commission aware of this state of affairs?

If so, what measures does it plan to take to deal with this breach of the principle of the free

2.
movement of goods and services?

3. What justification would the Commission give for not taking such measures?

Answer given by Mr Bolkestein on behalf of the Commission

(5 June 2000)

The Honourable Member has raised the question of the extent to which the Commission could take action
against Italian legislation which requires a leasing company from Austria to have its headquarters in Italy
in order to register its leasing vehicles in that Member State. The company intends to sign a leasing
contract with an Italian company which it has bought.

The question must be examined in relation to the free movement of services (Articles 49 et seq. (ex Article
59) of the EC Treaty), but not in relation to the free movement of goods (Articles 28 et seq. (ex Article 30)
of the EC Treaty). In the case in question it seems that a leasing contract involves providing a user with a
vehicle which he then, in all cases, returns to the leasing company at the end of the contract. The Court of
Justice has already, on several occasions, recognised the applicability of Article 49 of the EC Treaty to cases
such as this (1).

Where registration of a vehicle is subject to the condition of the leasing company having its registered
office in that Member State, that company is deprived of the right to offer its services in a Member State
other than that in which it is based.

A restriction of this kind would be justifiable only if the national measure were based on an express
derogation in Community law, such as Article 46 (ex Article 56) of the EC Treaty, or if it were based on a
compelling reason in the public interest in accordance with the principle of proportionality. Conditions of
registration must therefore be seen in the context of road safety, but also in terms of payment of
registration taxes.

With regard to all these questions, the Court of Justice has been called upon to give a verdict on a
preliminary ruling by the Vienna Commercial Court of 10 November 1999 ((cid:145)Cura Anlagen(cid:146) case,
C-451/99) concerning the interpretation of Article 49 of the EC Treaty. The case involves the same type
of constraints encountered by a German leasing company wishing to offer its leasing services in Austria.
Depending on the Court ruling, which will probably not be pronounced before 2001, the Commission
may re-examine the possibility of taking initiatives concerning this problem.

(1)

(cid:145)Aro Lease(cid:146), C-190/95, ruling of 17.7.1997; (cid:145)Lease Plan(cid:146), C 390/96, ruling of 7.5.1998.

(2001/C 46 E/231)

WRITTEN QUESTION E-1455/00

by BØatrice Patrie (PSE) to the Commission

(10 May 2000)

Subject: Directive on food supplements announced in the White Paper on food safety

In paragraph 105 of its White Paper on food safety published on 12 January 2000 (COM(1999) 719 final),
the Commission announced that it would be submitting to the Council and the Parliament a directive on
food supplements. It set itself a deadline of March 2000.

This planned directive forms part of the development of a Community nutritional policy, and nutrition is
to be one of the priorities of the French Presidency of the European Union. To date, the directive has not
been adopted by the Commission.