WRITTEN QUESTION E-0535/02 by Rainer Wieland (PPE-DE) to the Commission. Recognition of entitlements acquired in Italy by foreign language assistants.
Date: 2002-02-28
Institutions: European Parliament, Provisional data
Subjects: Italy, foreign language, judgment of the Court (EU), labour law, language teaching, university

18.7.2002

EN

Official Journal of the European Communities

C 172 E/211

substances two brominated flame retardants: octabromodiphenyl ether and pentabromodiphenyl ether
(pentaBDE). The European Committee for standardisation will develop a method to detect the presence of
these substances in toys.

(1) OJ L 84, 5.4.1993.
(2) OJ C 154 E, 29.5.2001.
(3) OJ L 220, 30.8.1993.
(4) OJ P 196, 16.8.1967.
(5) OJ L 187, 16.7.1988.

(2002/C 172 E/225)

WRITTEN QUESTION E-0535/02

by Rainer Wieland (PPE-DE) to the Commission

(28 February 2002)

Subject: Recognition of entitlements acquired in Italy by foreign language assistants

In the light of the judgments handed down on 30 May 1989 in Case 33/88 and on 2 August 1993 in
Cases C-259/91, C-331/91 and C-332/91 and of an initial infringement procedure (No 92/4660) brought
by the Commission pursuant to former Article 169 of the EC Treaty (now Article 226), the Italian
Government enacted Law No 236 of 21 June 1995 on the reform of foreign language teaching in Italian
universities. After that law had entered into force, the Commission received a number of complaints from
former
foreign language assistants alleging discrimination by Italian universities. The Commission
subsequently brought infringement proceedings against the Italian Republic. In its decision of 26 June
2001 in that case (C-212/99), the Court of Justice found for the plaintiffs and decided that the Italian
Republic had failed to fulfil its obligations under the former Article 48 of the EC Treaty (now Article 39) in
that it had failed to ensure recognition of the entitlements acquired by the former foreign language
assistants.

Further to the decisions of the Court of Justice enumerated above:

1. Does the Commission have any information as to whether or not the Italian Republic has now
adopted national legislation in compliance with Article 39 of the EC Treaty so as to take account of
the entitlements acquired by the former foreign language assistants?

2.

If it has not done so, does the Commission intend to bring proceedings for the enforcement of the
judgment referred to above pursuant to Article 228 of the EC Treaty for failure to fulfil an obligation
deriving from the judgment of the Court of Justice of 26 June 2001 (C-212/99)? Should the Italian
Republic continue to fail to act, will the Commission apply to the Court of Justice for the imposition
of financial penalties on the Italian Republic?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(4 April 2002)

On 31 January 2002, the Commission sent a letter of formal notice to the Italian authorities and asked for
information about the measures taken by Italy to comply with the judgment of the Court of Justice of
26 June 2001 in Case C-212/99. If the Commission considers that Italy has not taken such measures or
when the measures taken are considered unsatisfactory or insufficient, the Commission can, in accordance
with Article 228(2) of the EC Treaty, issue a reasoned opinion.

If Italy fails to take the necessary measures to comply with the judgment within the time limit laid down
by the Commission, the Commission may bring the case before the Court of Justice again.