WRITTEN QUESTION E-1577/00 by William Newton Dunn (ELDR) to the Commission. Pensions for part-time lecturers in the UK.
Date: 2000-05-19
Institutions: European Parliament, Provisional data
Subjects: United Kingdom, application of EU law, competence of the Member States, part-time employment, pension scheme, teacher

13.2.2001

EN

Official Journal of the European Communities

C 46 E/203

Answer given by Mrs Diamantopoulou on behalf of the Commission

(27 June 2000)

The Commission would remind the Honourable Member that its position on the Bosman ruling (1) was set
out in the Helsinki Report on sport (2). The Commission draws to the attention of the Honourable Member
that the Bosman judgement was confirmed recently by the Court in the Lehtonen case on 13 April 2000.
It is therefore very unlikely that it will be amended in the foreseeable future.

(1) Case C-415/93 ECR 1995, p. I-4921.
(2) Report from the Commission to the European Council with a view to safeguarding current sports structures and

maintaining the social function of sport within the Community framework (cid:129) COM(1999) 644 final.

(2001/C 46 E/243)

WRITTEN QUESTION E-1577/00

by William Newton Dunn (ELDR) to the Commission

Subject: Pensions for part-time lecturers in the UK

(19 May 2000)

More than five years ago, on 28 September 1994, the European Court of Justice ruled that hourly-paid
part-time lecturers were entitled to have their service as lecturers after 8 April 1976 regarded as
pensionable.

Despite the considerable passage of time since the ruling, successive governments in the United Kingdom
have not ensured that eligible persons are being paid their due pensions. Some eligible pensioners even
suspect that the Treasury in London is deliberately dragging its feet in order to save money as their
numbers dwindle through death.

Will the Commission urge the British Government to comply, albeit belatedly with the law, in order to
provide both justice and pensions to its deserving citizens?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(26 June 2000)

According to the case law of the Court of justice (Barber judgement (1) and subsequent judgements (2)), the
exclusion of part-time workers from access to such schemes could constitute indirect discrimination,
contrary to Article 141 (ex Article 119) of the EC Treaty, if the exclusion affects a much greater number of
women than men, unless the employer shows that it might be explained by objectively justified factors
unrelated to any discrimination on the grounds of sex.

By its recent judgement of 16 May 2000 in case C-78/98 Preston, Fletcher and others (3), the Court
confirms its previous case law, that the right of part-time workers to join an occupational pension scheme
does not fall within the time limits of the Barber judgement and Protocol No 2 to Article 141 of the EC
Treaty (Barber Protocol). Part-time workers could claim a retroactive affiliation to an occupational pension
as of 8 April 1976 (date of direct effect of Article 141 of the EC Treaty). However, this retroactive
affiliation is subject to the time limits under domestic law for presentation of a claim and one would have
to pay contributions retroactively to the pension scheme in question.

According to settled case-law, in the absence of relevant Community rules, it is for the national legal order
of each Member State to designate the competent courts and to lay down the procedural rules for
proceedings designed to ensure the protection of the rights which individuals acquire through the direct
effect of Community law, provided that such rules are not less favourable than those governing similar
domestic actions and are not framed in such a way as to render impossible, in practice, the exercise of
rights conferred by Community law.

C 46 E/204

Official Journal of the European Communities

EN

13.2.2001

Council Directive 96/97/EC of 20 December 1996 amending Directive 86/378/EEC on the implementation
of the principle of equal treatment for men and women in occupational social security schemes (4) came
into force on 1 July 1997 in order to put Council Directive 86/378/EEC of 24 July 1986 (5) in conformity
with primary law, i.e. Article 141 of the EC Treaty as interpreted by the Court of justice. Member States
should take implementing measures retroactively with effect from 17 May 1990 (date of the Barber
judgement) for the above-mentioned right of part-time workers to join an occupational pension scheme as
from 8 April 1976. The United Kingdom has already taken implementing measures and has fulfilled its
obligations under Article 141 of the EC Treaty and Directive 96/97/EC. Therefore, it is advisable for part-
time lecturers to adress any question on this issue to the national authorities.

(1) ECR 1990 I-1889.
(2) Cases C-57/93 Vroege (cid:129) ECR 1994 I-4541; C-128/93 Fisscher (cid:129) ECR 1994 I-4583; C-246/96 Magorrian (cid:129) ECR

1997 I-7153.

(3) ECR.
(4) OJ L 46, 17.2.1997.
(5) OJ L 225, 12.8.1986.

(2001/C 46 E/244)

WRITTEN QUESTION P-1582/00

by Maurizio Turco (TDI) to the Commission

(12 May 2000)

Subject: Use of consumer association funds

With reference to the projects submitted by consumer associations in 1998, 1999 and the first quarter of
2000, will the Commission say:

(cid:129) how many projects are receiving funding, what is their purpose, what funds were requested and what

funds were allocated?

(cid:129) how many projects were rejected, what funds were requested and why were they rejected?

(cid:129) what are the expenditure margins available to Commission officials,

in total and for individual

projects?

(cid:129) what measures have been directly funded by Commission officials? What was their purpose and what

amounts were allocated?

(cid:129) what measures have been rejected by Commission officials? What was their purpose and what

amounts were requested?

Answer given by Mr Byrne on behalf of the Commission

(23 June 2000)

Decision 283/1999/EC of the Parliament and of the Council of 25 January 1999 establishes the general
framework for Community activities in favour of consumers for the period 1 January 1999 to 31 Decem-
ber 2003 with a total financial envelope of € 112,5 million. The activities consist of actions taken by the
Commission, financial support for the activities of European consumer organisations, as well as individual
projects presented by consumer organisations and appropriate independent public bodies.

The conditions for granting financial support are laid down in the Decision. In defining the conditions and
criteria for funding and in selecting the activities and projects the Commission is assisted by an advisory
committee of representatives of the Member States. Decision 283/1999/EC stipulates that the financial
support may not, in principle, exceed 50 % of the expenditure involved in implementing the project(s).