WRITTEN QUESTION P-2199/02 by Emilia Müller (PPE-DE) to the Commission. Italian mobile phone and card denied to German nationals — Written Question E-0808/02.
Date: 2002-07-12
Institutions: European Parliament, Provisional data
Subjects: EU national, Italy, civil proceedings, discrimination on the basis of nationality, mobile phone, refusal to sell

C 309 E/208

Official Journal of the European Communities

EN

12.12.2002

(2002/C 309 E/240)

WRITTEN QUESTION P-2199/02

by Emilia Müller (PPE-DE) to the Commission

(12 July 2002)

Subject: Italian mobile phone and card denied to German nationals (cid:1) Written Question E-0808/02

Unfortunately, the Commission failed to reply to one of the questions which I put in my Written Question
E-0808/02 (1).

May an Italian mobile phone network operator deny a German national use of an Italian prepaid card with
an Italian mobile phone on the grounds of that person’s German nationality?

If so, what are the grounds for this action by the Italian mobile phone network operator?

If not, how can this deplorable state of affairs be remedied?

(1) OJ C 229 E, 26.9.2002, p. 140.

Answer given by Mr Bolkestein on behalf of the Commission

(4 September 2002)

The Commission will write to the Italian authorities asking them:

(cid:1) to make enquiries as to the existence and the specific circumstances of the refusal by Italian mobile
phone operators to permit a German national the use of an Italian prepaid card with an Italian mobile
phone and,

(cid:1) if this is found to be the case, to request them to take action in order to bring such practices to an

end.

The Commission would also like to recall that, as explained in the previous response of the Commission to
Written Question E-0808/02 of the Honourable Member (1), the regime applicable to pre-paid mobile
phones remains a question of commercial practice by operators and of consumer choice in the absence of
european and national legislation on this issue.

Consequently, nationals of other Member States may bring actions before the national courts which can
decide, on a case by case basis, the legitimacy and justification of such commercial practice and take
appropriate action against
the practice constitutes a
discriminatory solution contrary to Articles 12 (ex-Article 6) and 49 (ex-Article 59) of the EC Treaty.

the commercial operator

they rule that

if

This has been confirmed by the Court of Justice and, for instance, in Walrave and LJN Koch v Association
‘the first paragraph of
Union cycliste internationale, C-36/74 (paragraph 16)
Article 59 (current Article 49) of the EC Treaty, in any event in so far as it refers to the abolition of any
discrimination based on nationality, creates individual rights which national courts must protect’.

the Court stated that:

(1) OJ C 229 E, 26.9.2002, p. 140.

(2002/C 309 E/241)

WRITTEN QUESTION P-2210/02

by Giacomo Santini (PPE-DE) to the Commission

Subject: Award of ecopoints and application of the 108 % clause

(12 July 2002)

In the document on the award of ecopoints submitted on 1 July 2002 the Commission announced that it
had decided to deduct as many as 350 000 ecopoints from Italy’s quota for transit journeys in 2001.