WRITTEN QUESTION P-1208/01 by Gérard Caudron (PSE) to the Council. Closure of healthy undertakings.
Date: 2001-04-11
Institutions: European Parliament, Provisional data
Subjects: EC Directive, cessation of trading, industrial restructuring, worker consultation, worker information

20.12.2001

EN

Official Journal of the European Communities

C 364 E/61

Can it also carry out an investigation of the asset-stripping plan in the research and production sectors of
Alenia Marconi Systems, to prevent the creation of a new subsidiary having an adverse effect on Italian
employment in the industry concerned?

Answer given by Mr Monti on behalf of the Commission

(5 July 2001)

As regards the structure of control of the undertakings mentioned, the Commission found in its decision of
28 August 1998 in case M.1258 GEC Marconi/Alenia (1) that GEC-Marconi and Finmeccanica S.p.A.
(through its wholly owned subsidiary, Alenia Systems S.p.A.) had each joint control over Alenia Marconi
Systems within the meaning of Article 3(1)b of Council Regulation (EEC) No 4064/89 of 21 December
1989 on the control of concentrations between undertakings (2) ((cid:145)Merger Regulation(cid:146)).

The Commission believes that GEC Marconi(cid:146)s rights in Alenia Marconi Systems have been transferred to
BAe Systems as a result of the subsequent acquisition of GEC Marconi by BAe.

The Commission attaches the greatest importance to the social consequences of corporate restructuring
but, apart from this assessment strictly limited to the Commission(cid:146)s mandate under the Merger Regulation,
the Commission has no information concerning the question raised and has no other legal base to
undertake investigations concerning individual restructuring operations, unless the restructuring is financed
by State aid.

(1) OJ C 306, 6.10.1998.
(2) OJ L 395, 30.12.1989 as amended by OJ L 257, 21.9.1990.

(2001/C 364 E/066)

WRITTEN QUESTION P-1208/01

by GØrard Caudron (PSE) to the Council

(11 April 2001)

Subject: Closure of healthy undertakings

The brutal and cynical announcements of closures at Danone and Marks and Spencer demonstrate to those
who might still have had any doubts that the era of the (cid:145)mixed economy(cid:146) and the (cid:145)European social model(cid:146)
is dead.

Restructuring in undertakings as a result of genuine economic problems would be understandable, but it is
not possible to accept restructuring in healthy and prosperous undertakings which have only one single
objective: increasing the profits of those who own capital.

If agricultural crises can prompt our officials to take action, voluntary acts of (cid:145)vandalism(cid:146) which, in the
name of money, destroy entire families should cause our European leaders to act at least as decisively,
particularly given that the absence of any reaction will cause this trend to accelerate in the future.

For this reason, I ask you most earnestly what you intend to do.

Reply

(27 September 2001)

The Council is aware that restructurings of undertakings such as those mentioned by the Honourable
Member in his question may have serious economic and social consequences for employees and their
families.

However, the legislative nature of the Council(cid:146)s role (cid:129) which is similar to the European Parliament(cid:146)s (cid:129)
does not allow it to intervene in the implementation of European legislation, which is the responsibility of
the Member States under the supervision of the Commission and, where necessary, the Court of Justice;
nor does it allow the Council to comment on cases involving particular undertakings.

C 364 E/62

Official Journal of the European Communities

EN

20.12.2001

In the first instance, it is for the judicial and social structures of the Member States concerned to resolve
any disputes between employees and employers in cases of restructuring and to establish whether the
undertakings have acted in accordance with national legislation and practices, including those based on
Community law (for example,
the Directive on collective dismissals (98/59/EC) and the Directive
concerning a European Works Council or a procedure for informing and consulting employees in
Community-scale undertakings (94/45/EC)).

The Honourable Member(cid:146)s attention is drawn to the fact that the Council is continuing to adapt and
supplement the existing legislation. The proposal for a Directive on a European Company (cid:129) which
regulates the involvement of employees (cid:129) will be adopted in the near future. Furthermore, on ll June 2001
the Council reached political agreement on the Directive on the informing and consulting of employees at
national level.

(2001/C 364 E/067)

WRITTEN QUESTION E-1213/01

by Adriana Poli Bortone (UEN) to the Council

(24 April 2001)

Subject: Protection of Orthodox Christian monasteries in Kosovo

Many monasteries and orthodox churches in Kosovo are being threatened with destruction by Muslim
extremists and being targeted in the inter-ethnic conflict on the pretext of being a (cid:145)vestige of Serb
presence(cid:146).

The Holy Trinity Monastery in Musutiste has already been completely destroyed, while the following are
seriously at risk: the Orthodox Monastery of Gracanica, the Mother of God Cathedral
in Ljevisa, the
Church of the Presentation of the Virgin in Lipljan, the Monastery of the Pec Patriarchate together with the
churches of the Holy Apostles, Saint Mary Hodegetria and St Dominic, and the Decani Monastery.

In the light of the above, what measures does the Council intend to take to protect the monasteries and
orthodox churches in Kosovo, which are part of the heritage of European and Christian civilisation?

Reply

(27 September 2001)

The Council deplores the persistence of episodes of ethnic and religious intolerance in Kosovo and in
particular the continuing threats to the integrity of Orthodox Christian monasteries in Serb areas. It
reaffirms that it is strongly committed to an open, democratic, multi-ethnic and multi-cultural Kosovo that
including the
upholds tolerance and respect
destruction of monuments that are part of the cultural heritage.

the Council condemns all

forms of violence,

for all;

The Honourable Member is certainly aware that, in accordance with UN Security Council Resolution 1244,
the EU is not responsible for security and public order in Kosovo, this being the task of UNMIK (United
Nations Mission in Kosovo) police forces as well as KFOR (NATO force in Kosovo). The Council welcomes
and applauds KFOR efforts to ensure permanent protection of the main religious monuments in Kosovo as
well as regular patrolling of (cid:145)secondary(cid:146) religious sites.