WRITTEN QUESTION P-0783/01 by Brian Crowley (UEN) to the Commission. Moving to international exhaustion for trade marks.
Date: 2001-03-07
Institutions: European Parliament, Provisional data
Subjects: brand name, international trade law, price reduction

C 235 E/246

Official Journal of the European Communities

EN

21.8.2001

Referring to case C-281/98 ((cid:133) the fact that it is impossible to submit proof of the required linguistic
knowledge by any other means (cid:133) must be considered disproportionate in relation to the aim in view) fails
to address the fundamental question raised in E-4100/00.

It is not clear from the Commission(cid:146)s reply whether the native speaker criterion is an infringement of the
non-discrimination clause. Furthermore, case C-281/98 was not concerned with this criterion but with the
requirements for possession of a language certificate.

In the Commission(cid:146)s view:

1.

2.

Is the native speaker criterion for staff recruitment in the Member States of the European Union
a violation of the principle of non-discrimination? If not, how does the Commission reconcile this
condition with the principle of non-discrimination?

Is the native speaker criterion for staff recruitment in the Member States of the European Union
a violation of the freedom of movement of workers in the Community? If not, how does the
Commission reconcile this condition with the freedom of movement of workers in the Community?

(1) OJ C 174 E, 19.6.2001.

Answer given by Ms Diamantopoulou on behalf of the Commission

(18 April 2001)

As was pointed out in the Commission(cid:146)s answer to Written Question E-4100/00 from the Honourable
Member (1), in certain situations, depending on the nature of the post to be filled, it may be justified to
require applicants for a job to have a very high standard of knowledge of languages.

However, the fact that it is impossible to submit proof of this knowledge of languages by any other means
than that the applicant is a native speaker of the language concerned could be considered disproportionate
in relation to the aim in view.

It follows that the native speaker criterion could be considered to be discriminatory and thus incompatible
with the Community rules on the freedom of movement of workers in the Community.

(1) OJ C 174 E, 19.6.2001.

(2001/C 235 E/290)

WRITTEN QUESTION P-0783/01

by Brian Crowley (UEN) to the Commission

(7 March 2001)

Subject: Moving to international exhaustion for trade marks

As the Commission is aware, the European Parliament has expressed its support for continuing work on
exhaustion of trade marks. Many Member States have also called on the Commission to carry out further
work on this issue in the belief that the existing regime of (cid:145)Community(cid:146) exhaustion allows companies to
charge higher prices to Europeans than they do elsewhere. Does the Commission share the view that the
introduction of (cid:145)international(cid:146) exhaustion could be to the benefit of the consumer by leading to lower
prices, for example, in such key consumer sectors as clothing, footwear and sports goods, that it would be
consistent with the increasing globalisation of trade and the growing use of e-commerce and will the
Commission therefore reconsider its decision not to make proposals for changing the trade mark regime?

21.8.2001

EN

Official Journal of the European Communities

C 235 E/247

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2001)

First of all the Commission would like to draw the attention of the Honourable Member to the fact that
this issue is currently subject to an exchange of views with the Parliament. The Commission would also
like to inform the Honourable Member that the Commission decided on 24 May 2000 (1), that it should
not, at least for the time being, propose a change in the exhaustion regime. The Commission considered in
particular that the current Community exhaustion regime strikes a proper balance between the interests of
consumers and trade mark holders. Moreover, it was considered unlikely that prices for consumers would
significantly decrease with the introduction of international exhaustion of trade mark rights.

Before reaching this conclusion the Commission commissioned a study of the economic effects of
a possible change of exhaustion regime by the National Economic Research Associates (NERA) institute
in London. According to this study prices under international exhaustion would probably not be very
different from those that currently apply.

The Commission approach was supported by the Economic and Social Committee which, on 24 January
2001, adopted unanimously an opinion in favour of the Commission(cid:146)s decision.

(1) PR BIO/00/110.

(2001/C 235 E/291)

WRITTEN QUESTION E-0805/01

by Ioannis Souladakis (PSE) to the Commission

(19 March 2001)

Subject: Economic crisis in Turkey

Despite the recent attempt by the IMF to save the Turkish economy by lending USD 11,4 billion, the
Turkish lira has collapsed, making severe inroads into Turkey(cid:146)s foreign currency reserves, the stock market
has plummeted and inflation and interest rates have risen sharply. This has revealed the underlying causes
of the crisis facing Turkey with which the European Parliament is familiar: excessive state interventionism,
the over-indebtedness of banks, money laundering, interventions by the political and military circles in the
Turkish economy, the absence of democratic institutions, etc.

Will the Commission accept further delays in the modernisation of Turkey on the grounds of the currency
crisis?

Will it restrict itself to the solutions imposed by the IMF or will it intervene, following moves in the USA?

How will it react if Turkey turns into a (cid:145)a new bankrupt Russia(cid:146) which imposed severe strains on the
economy of the EU in 1998?

What proposals does the Commission have for addressing the crisis, given that the recent partnership
agreement between the EU and Turkey makes no provision for specific policies in this area?

Answer given by Mr Verheugen on behalf of the Commission

(4 May 2001)

Although Turkey is in the throes of economic and financial crisis, the modernisation programme under
way should not be adversely affected. On the contrary, it should be an incentive for speeding up economic
reform, as set out in the framework agreement between Turkey and the International Monetary Fund (IMF)