WRITTEN QUESTION E-4039/00 by Hanja Maij-Weggen (PPE-DE) to the Commission. Siemens.
Date: 2000-12-21
Institutions: European Parliament, Provisional data
Subjects: Germany, cessation of trading, economic concentration, merger control, transfer of businesses

C 187 E/116

Official Journal of the European Communities

EN

3.7.2001

As regards the question of the opportunity of elaborating reports of the documents and discussions in the
133 Committee, the Commission would like to point out that the 133 Committee is a special committee
appointed by the Council. The decision on whether and how to elaborate such reports as well as their
accessibility therefore lies within the responsibility of the Council Secretariat.

Concerning more specifically the access to documents transmitted by the Commission to the 133
Committee, the Commission in its letter to the President of the industry, external trade, research and
energy committee on 20 January 2000, agreed to transmit to the Parliament significant document sent by
the Commission to the 133 Committee, as well as other important reports established by the Commission.
Documents of a more sensitive nature are transmitted as (cid:145)confidential(cid:146), or (cid:145)restricted(cid:146) documents. A large
number of documents are, however, transmitted as public documents and are posted on the Directorate
General Trade website.

Public documents include the near totality of Community submissions to the WTO, discussion papers on
major issues, as well as key documents concerning the Community(cid:146)s New Round Strategy.

(1) OJ C 163 E, 6.6.2001, p. 190.

(2001/C 187 E/123)

WRITTEN QUESTION E-4039/00

by Hanja Maij-Weggen (PPE-DE) to the Commission

(21 December 2000)

Subject: Siemens

Have Mr Liikanen and Mr Monti received the letter sent to them by the Mayor of Hengelo, Mr Kerckhaert,
concerning Siemens(cid:146) plans to close its subsidiary Demag Delaval in Hengelo and relocate it to Germany,
despite the fact that the undertaking involved is economically sound?

Is it true that Siemens(cid:146) takeover of the Demag Delaval undertakings has still to be approved by the
European Commission?

Does the Commission deem it justifiable for undertakings to be relocated immediately after takeover, even
where there are no clear business reasons for so doing, when the problems caused by job losses are
considerable?

Is the Commission prepared to investigate whether Siemens has complied with all European legislation
relating to consultations with employees and the works council in this matter, given that some 700 jobs
are at stake?

Has the Commission already replied to the letter from the Mayor of Hengelo? If not, when will it do so?

Answer given by Mr Monti on behalf of the Commission

(28 February 2001)

The Member of the Commission responsible for Competition and Enterprise have received the letter.

The merger decision in case Comp./M.2224-Siemens/Demag Krauss Maffei, which also concerns Demag
Delaval Werke, was approved by the Commission on 20 December 2000.

The Commission is (cid:129) within the framework of merger control (cid:129) not authorized to supervise companies(cid:146)
economic decisions in terms of location matters.

3.7.2001

EN

Official Journal of the European Communities

C 187 E/117

The Commission has no further information about the underlying facts of the allegations raised by the
Honourable Member and is therefore not able to make a final assessment of whether or not there has been
an infringement of Community law.

Given that Germany and the Netherlands have properly incorporated into their national law the provisions
of the relevant Directives (1), the Commission wants to underline, that any issues arising in this area are in
the first instance a matter for the national industrial relations(cid:146) procedures, and/or the national courts.

The letter from the Mayor of Hengelo was answered on 10 January 2001 by Directorate general for
Competition. A reply from Directorate general for Enterprise is presently under preparation.

(1) Council Directive 98/59/EC of 20 June 1998 on the approximation of the laws of the Member States relating to
collective redundancies (OJ L 225, 12.8.1998); Council Directive 77/187/EEC of 14 February 1977 on the
approximation of the laws of the Member States relating to the safeguarding employees(cid:146) rights in the event of
transfers of undertakings, businesses or parts of businesses (OJ L 161, 5.3.1977); Council Directive 94/45/EC of
22 September 1994 on the establishment of an European Works Council or a procedure in Community-scale
undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees
(OJ L 254, 30.9.1994).

(2001/C 187 E/124)

WRITTEN QUESTION E-4040/00

by SØrgio Sousa Pinto (PSE) to the Commission

(21 December 2000)

Subject: Competition policy (cid:129) abuse of dominant position

Can the Commission provide information on the market position and practices of the Qualifyer Group of
airlines (a grouping of the following airlines: Swissair, Sabena, TAP Air Portugal, AOM French Airlines,
Crossair, Air Littoral, Air Europe, LOT Polish Airlines, PGA PortugÆlia Airlines, Volare Airlines and Air
LibertØ, which is administered by Qualifyer Loyalty Ltd)?

Citizens and consumers have extremely good reasons to fear confirmation of the presumptions that this
business group is abusing its dominant position, thus giving rise to higher fares, less choice of services and
unfair trading conditions, notably in the case of the Brussels/Lisbon-Porto route. These potentially abusive
and anti-competitive practices may prove to be contrary, in particular, to Article 82 of the EC Treaty.

Answer given by Mr Monti on behalf of the Commission

(27 February 2001)

The Qualiflyer group is an alliance between airlines, characterised by the fact that the SAirGroup, Swissair(cid:146)s
parent company, has a policy of investing in the capital of certain other airlines in the alliance. In many
cases, such participation gives the SAirGroup joint control, together with other shareholders, of the airline
in which it invested. (cid:145)Qualiflyer Loyalty Ltd.(cid:146) is the company that administers the common frequent-flyer
programme of the participating airlines, but it does not manage the Qualiflyer group.

The Commission has taken a position on transactions whereby the SAirGroup acquired joint control over
other Qualiflyer group airlines. In 1995, the Commission adopted a decision (1) declaring the Swissair/
Sabena concentration compatible with the common market. In 1999, the Commission adopted a decision
approving the acquisition of AOM by the SAirGroup and Mar(cid:237)ne-Wendel, a French financial holding
company. In 2000, the Commission authorised the AOM/Air LibertØ/Air Littoral concentration.