WRITTEN QUESTION E-1887/03 by Emmanouil Bakopoulos (GUE/NGL) to the Commission. Olympic Airways.
Date: 2003-06-06
Institutions: European Parliament, Provisional data
Subjects: Greece, air transport, collective dismissal, industrial restructuring, job cuts, reintegration into working life, worker participation

C 11 E/236

Official Journal of the European Union

EN

15.1.2004

(2004/C 11 E/264)

WRITTEN QUESTION E-1871/03

by Christopher Huhne (ELDR) to the Commission

(6 June 2003)

Subject: Recovery

Does the Commission believe that there can be a substantial growth in cross-border lending without
measures to approximate recovery times for defaulted loans and the proportion of such loans that are
recovered?

Joint answer
to Written questions E-1870/03 and E-1871/03
given by Mr Byrne on behalf of the Commission

(15 July 2003)

Recovery difficulties can indeed constitute a barrier to cross-border lending to consumers. However, the
proposed Directive on credit for consumers (1) is focussed on the rules applying to the consumer credit
agreement. It has no ambition to harmonise either general procedures for recovery of debts or national
enforcement procedures for claims. Consequently, the Commission has no current plans to prepare the
estimates suggested by the Honourable Member.

However, as most defaulted debts in the field of consumer credit are uncontested claims, the Commission
addresses the issue through its 2002 proposal for a Council Regulation on uncontested claims (2).

Moreover, the Commission issued in 2002 a Green Paper on the creation of a uniform or harmonised
procedure for a European order for payment (‘injonction de payer’) (3). The objective is to create a specific
and fast procedure for the settlement of uncontested litigations, available in all Member States. The
consultation on this Green Paper closed on 31 May 2003. A public hearing was organised on 26 June
2003 in Brussels (4), the outcome of which is currently being examined.

(1) Proposal for a Directive of the Parliament and of the Council on the harmonisation of laws, regulations and

administrative provisions of the Member States concerning credit for consumers, OJ C 331 E, 31.12.2002.

(2) Proposal for a Council Regulation creating a European enforcement order for uncontested claims, OJ C 203 E,

27.8.2002.

(3) COM(2002) 746 final.
(4) Bâtiment Charlemagne (cid:1) Rue de la Loi, 170 (cid:1) 1040 Bruxelles (cid:1) Registration form: http://europa.eu.int/comm/

justice_home/news/consulting_public/docs/regis_form_260603_en.doc.

(2004/C 11 E/265)

WRITTEN QUESTION E-1887/03

by Emmanouil Bakopoulos (GUE/NGL) to the Commission

(6 June 2003)

Subject: Olympic Airways

The management of Olympic Airways has drawn up a business plan which aims to reduce the workforce
by 50 %.

Has the Greek Transport Ministry notified the Commission of any commitments it has made towards those
workers who will lose their jobs? In the event that the Commission has not been informed about the
future of the workers, does it plan to intervene in any way?

15.1.2004

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Official Journal of the European Union

C 11 E/237

Answer given by Mrs Diamantopoulou on behalf of the Commission

(17 July 2003)

The Commission has not been fully informed on the way in which the Greek government intends to deal
with the restructuring of Olympic Airways. The Commission has reminded the Greek authorities of their
obligation to notify prior to its implementation any envisaged restructuring measure concerning Olympic
Airways, in order to allow the Commission to assess it pursuant to the relevant Community rules.

The Commission, however, would like to remind that the Union has developed throughout the years a
comprehensive policy for dealing adequately with the social consequences of corporate restructuring. As a
result of that on-going policy, every restructuring operation must be preceded by effective information and
consultation of employees’ representatives with the aim of avoiding or attenuating its social impact, in
‘Transfers of Undertakings’ (2),
accordance with Community Directives on ‘Collective Redundancies’ (1),
‘European Works Councils’ (3) and ‘Information and Consultation’ (4).

In particular, Directive 98/59/EC concerning collective redundancies provides for information and
consultation with the workers’ representatives in cases where the employer is contemplating such
redundancies. These consultations should be carried out in good time with a view to reaching agreement
and cover, at least, ways and means of avoiding collective redundancies or reducing the number of workers
affected as well as of mitigating the consequences by recourse to accompanying social measures. These
measures aim, inter alia, at aid for redeploying or retraining workers made redundant.

More generally, the Commission advocates the idea that, when restructuring, enterprises should always
take into account the effects that those decisions could have on their employees as well as on the social
and regional context. This has recently been underlined in the Commission Communication concerning
Corporate Social Responsibility (CSR) A business contribution to Sustainable Development (5).

Furthermore, the Commission invited the European social partners to engage in a dialogue on anticipating
and managing change with a view to apply a dynamic approach to the social aspects of corporate
restructuring. The social partners agreed to incorporate this issue in their pluriannual work program 2003-
2004. The Commission very much hopes that their joint work in this field results in a Community
framework which may help companies and their workers to address adequately the social dimension of
corporate restructuring.

(1) Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to
collective redundancies, OJ L 225, 12.8.1998. (This Directive consolidates Directives 75/129/EEC and 92/56/EEC).
(2) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating
transfers of undertakings, businesses or parts of

to the safeguarding of employees’ rights in the event of
undertakings or businesses, OJ L 82, 22.3.2001.

(3) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a
procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of
informing and consulting employees, OJ L 254, 30.9.1994.

(4) Directive 2002/14/EC of the Parliament and of the Council of 11 March 2002 establishing a general framework for

informing and consulting employees in the European Community, OJ L 80, 23.3.2002.

(5) COM(2002) 347 final.

(2004/C 11 E/266)

WRITTEN QUESTION E-1925/03

by Peter Skinner (PSE) to the Commission

(12 June 2003)

Subject: Winter fuel allowance

A previous constituent of mine, who now lives in the Netherlands, has asked me why, although she
receives a UK state pension, she is not allowed to receive the winter fuel allowance paid to all pensioners
who reside in the UK.