WRITTEN QUESTION E-1179/02 by Jonas Sjöstedt (GUE/NGL) to the Commission. Printing of recommended retail price on books sold on the internal market.
Date: 2002-04-25
Institutions: European Parliament, Provisional data
Subjects: EU law, Sweden, book trade, competition, fixing of prices, national law, publisher, restriction on competition, selling price

C 28 E/78

Official Journal of the European Union

EN

6.2.2003

In a judgment of 31 July 2001 (cases 41340/98 and 41342/98), the European Court of Human Rights in
Strasbourg ruled that Sharia (Islamic law) is clearly contrary to the values set out in the Convention on
Human Rights. Nevertheless, the EU’s contribution has consisted in the main of one distorted report after
another from the so-called Observatory for Racism and Xenophobia vilifying anyone who voices
misgivings about the advance of fundamentalism in the EU.

Will the Commission take steps to introduce legislation which ensures that any person inciting to ‘holy
war’, violence and violation of human rights is deported from the EU?

Answer given by Mr Vitorino on behalf of the Commission

(18 June 2002)

The Commission would point out that the European Union is founded on the principles, common to all
the Member States, of liberty, democracy and respect for human rights and fundamental freedoms,
including freedom of expression, within the limits laid down by the law. The Commission deplores any
action that could constitute an incitement to hatred or to the violation of human rights.

The Commission does not intend to propose legislation ensuring that any person inciting to ‘holy war’,
violence or the violation of human rights is deported from the territory of the European Union. The
Member States are responsible for deportations from their territories on grounds of public policy and
public security.

In the case of EU citizens and members of their families who have a right to free movement within the
European Union, Articles 39(3), 46(1) and 55 of the EC Treaty allow Member States to restrict the right to
free movement where this is justified on grounds of public policy, public security or public health. Such
measures must
in any event comply with the requirements of Council Directive 64/221/EEC of
25 February 1964 on the coordination of special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public policy, public security or public health (1).

The Commission would also refer to Council Directive 2001/40/EC of 28 May 2001 on the mutual
recognition of decisions on the expulsion of third country nationals (2). This Directive allows Member States
to recognise an expulsion decision by another Member State, where a person poses a serious and present
threat to public order or national security and safety.

Moreover, on 10 April 2002 the Commission launched a broad debate with the release of a Green Paper
on a Community Return Policy on Illegal Residents (3). The Green Paper calls, inter alia, for more reflection
on whether the grounds for expulsion decisions should be further aligned.

(1) OJ L 56, 4.4.1964.
(2) OJ L 149, 2.6.2001, p. 34.
(3) COM(2002) 175.

(2003/C 28 E/086)

WRITTEN QUESTION E-1179/02

by Jonas Sjöstedt (GUE/NGL) to the Commission

(25 April 2002)

Subject: Printing of recommended retail price on books sold on the internal market

In some Member States, but not others, recommended retail prices are printed on books. The Market Court
in Sweden has now found in its judgment 2002/5 of 22 February 2002 that if publishers mark paperbacks
with a recommended retail price, that measure is deemed tantamount to an agreement or concerted
practice between undertakings, which is contrary to 6 § of the Swedish Competition Law.

6.2.2003

EN

Official Journal of the European Union

C 28 E/79

The Swedish Competition Law was modelled on EC competition rules (Articles 81 and 82 of the Treaty of
Amsterdam) and is to be interpreted on the basis of EC legislation and the case-law of the Court of Justice,
while taking account of national conditions to some degree.

The matter has now been settled in Sweden by the judgment of the Market Court (there is no provision for
appeal). However, does the Commission consider that publishers should be allowed to print recommended
retail prices on books and is it acceptable, in the Commission’s view, for the Member States to apply
Articles 81 and 82 differently in this case?

Answer given by Mr Monti on behalf of the Commission

(14 June 2002)

The Commission takes the view that recommended retail prices printed on books may constitute, subject
to the particular circumstances of the case, a restriction of competition within the meaning of Article 81(1)
of the EC Treaty (1). However, the Commission has repeatedly made it clear (cid:1) in line with the case law, in
particular, the ‘Leclerc’ Court’s judgment of 10 January 1985 (2) (cid:1) that it does not object to national book
price fixing based on agreements as long as they do not appreciably affect trade between Member States (3).
On the other hand, national price fixing agreements might well violate the national competition rules since
the latter (cid:1) even if shaped in line with Articles 81 and 82 of the EC Treaty (cid:1) do not foresee the criterion
of affectation of intra-Community trade. This is also true for Article 6 of the Swedish Competition Act.
However, in so far as the national courts directly apply Articles 81 and 82 of the EC Treaty to national
book price fixing agreements they are invariably bound by the relevant case law of the European Court of
Justice.

The application of national competition rules to book price fixing agreements may well differ from one
Member State to the other. In this context, it is important to emphasise that the Swedish Market Court
appears to have based its judgment exclusively on Article 6 of the Swedish Competition Act rather than
Article 81 of the EC Treaty.

More importantly, potential differences in the application of national competition law to printed book
price recommendations also flow from the respective Member States’ acceptance or rejection of national
book price maintenance systems. The majority of the Member States have adopted laws on nation-wide
book price fixing or explicitly allowed publishers to agree on fixed retail prices for books for essentially
cultural reasons. For instance, the French ‘Loi Lang’ on fixed book prices even explicitly foresees an
obligation by the publishers clearly to set out the retail price on the book cover, whereas the German
competition rules contain an exception according to which publishers may agree on fixed retail prices
(including the printing of that price on the book). Thus, only some Member States, such as Sweden, in
which no price maintenance system exists, apply their competition rules to book price fixing agreements.

(1) See, in particular, paras. 47, 111 and 112 of the Commission’s Notice (cid:1) Guidelines on Vertical Restraints, OJ C 291,

13.10.2000.

(2) Case 229/83, [1985] ECR 1.
(3) See recently Directorate General Competition’s press release of 22 March 2002, IP/02/461.

(2003/C 28 E/087)

WRITTEN QUESTION P-1182/02

by Marco Cappato (NI) to the Commission

(22 April 2002)

Subject: Worrying political situation on the island of Madagascar

Following the presidential election of 16 December 2001, which was called by Admiral Didier Ratsiraka,
President of Madagascar since 1975, there have been reports from different sources of rigging of polls and
falsification of returns from polling stations.