WRITTEN QUESTION E-0240/04 by Mario Borghezio (NI) to the Commission. Huge discount from banks to the Democratici di Sinistra party in violation of the principle of free competition.
Date: 2004-02-02
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, bank, competition law, consumer protection, credit, party financing

3.4.2004

EN

Official Journal of the European Union

C 84 E/341

Answer given by Mr Patten on behalf of the Commission

(27 February 2004)

The Lao government’s attitude towards religion has changed during recent years, with the majority of
members of the politburo of the Lao People’s Revolutionary Party now openly participating in the
country’s biggest Buddhist ceremonies.

However, the Commission is aware of reports that freedom of religious expression remains restricted in
certain parts of Laos, including reports of members of Christian groups being persecuted and/or detained
on grounds of their religious affiliation in particular provinces. There have also been reports of arrest and
detention of religious believers and their spiritual leaders without charges. This was done despite the fact
that the Constitution stipulates ‘the right and freedom to believe or not to believe in religion’.

Regarding the specific cases raised in the question, according to Commission sources the 11 people
arrested in Attapeu in December 2003 were released a few weeks ago. The Commission has not been able
to confirm the reports of alleged arrests in Svannaketh.

The Commission maintains a policy of constructive political dialogue with the Laotian government,
combined with continued support to the most vulnerable groups in the Lao society through EC-assisted
development programmes. The suspension of aid until basic human rights are respected should be
considered as the last resort, as it would be likely to impact badly on the populations whose rights are
violated.

Should, however, the situation deteriorate to such a point that the EU cooperation with Laos had to be put
in question, the Commission would be ready to review the present EC co-operation framework with Laos
and consider measures as appropriate, in full co-ordination with Member States and the Parliament.

Human rights concerns, including religious freedom, were raised in the recent EC-Laos Joint Committee
meeting and it was agreed to set up an Informal Working Group on ‘cooperation in the areas of institution
building and administrative reform, governance and human rights’. The Commission will be able to further
discuss this matter with the Laotian Government in the Informal Working Group and encourage Laos to
undertake additional measures to improve the situation for religious minorities.

(2004/C 84 E/0400)

WRITTEN QUESTION E-0240/04

by Mario Borghezio (NI) to the Commission

(2 February 2004)

Subject: Huge discount from banks to the ‘Democratici di Sinistra’ party in violation of the principle of free

competition

On 22 December 2003, the banking syndicate providing credit to the Italian political party Democratici di
Sinistra (Democrats of the Left) (cid:1) headed by the Carisbo Bank (San Paolo (cid:1) IMI Group), with a claim of
around EUR 30 million, and also comprising Banca Intesa and Capitalia, each with claims of
EUR 21 million, and Monte dei Paschi di Siena, with a claim of around EUR 3,5 million (cid:1) reached an
agreement on total debt clearance via a settlement transaction providing for the writing-off of 50 % of the
colossal overall debt of EUR 235 million. This huge discount was granted to a political party in precisely
the same period in which shareholders and bondholders in companies with ties to the above-mentioned
banks saw their legitimate interests being damaged and in which the selfsame banks implemented a rigid
policy on overdraft reduction vis-à-vis debtor SMEs.

Would the Commission agree that this privileged treatment, which contrasts with that afforded by many
banks to ‘ordinary’ debtors, constitutes a grave and manifest violation of the principle of free competition
enshrined in Community law?

C 84 E/342

Official Journal of the European Union

EN

3.4.2004

Will the European Central Bank call on the Italian Central Bank, Bankitalia, to ensure respect for this
principle and the provisions of Articles 101 and 102 of the Treaty on European Union, not least because
some of the Italian banks concerned are Bankitalia shareholders (controllers ‘controlled’)?

Answer given by Mr Monti on behalf of the Commission

(5 March 2004)

In the area of competition policy, the Commission is responsible for the application of Articles 81 and 82
of the EC Treaty.

Article 81 of the EC Treaty prohibits agreements between undertakings, decisions of associations of
undertakings and concerted practices which may affect trade between Member States and which have as
their object or effect the prevention, restriction or distortion of competition within the common market.
According to Article 82 of the EC Treaty, any abuse by one or more undertakings of a dominant position
within the common market or in a substantial part of it shall be prohibited insofar as it may affect trade
between Member States.

The facts described by the Honourable Member do not amount to an infringement of the competition
rules,
in particular articles 81 and 82 of the EC Treaty, since there is no evidence of a prevention,
restriction or distortion of competition or an abuse of a dominant position within the common market or
in a substantial part of it that may affect trade between Member States.

The Commission would like to remind the Honourable Member that it cannot take a position on matters
concerning the European Central Bank.

(2004/C 84 E/0401)

WRITTEN QUESTION E-0243/04

by Ilda Figueiredo (GUE/NGL) to the Commission

(2 February 2004)

Subject: Relocation and unemployment

Yet another multinational in the textile sector (cid:1) Brax Portuguesa, Fábrica de Confecções, Lda. (cid:1) now
appears likely to cease activity, raising the spectre of unemployment for over 400 workers, most of them
women, at its plant in Vila Nova de Gaia (Portugal).

In view of the seriousness of this state of affairs, in a region and a Member State where unemployment is
it is essential that the Commission and the Portuguese government take all possible
constantly rising,
measures to prevent yet another multinational from closing its operations in Portugal and, possibly,
relocating to another European country.

Can the Commission answer the following questions:

1. Were any Community funds received by the firm Brax Portuguesa, Fábrica de Confecções, Lda. of
Aldeia Nova, Serzedo, Vila Nova de Gaia in Portugal? If so, can the Commission provide details?

2. Was any financial support granted by the EU to the parent company or any of its branches? If so, can

the Commission provide details?

3. What measures does the Commission intend to take to put an end to the constant relocations of

multinationals and the resulting unemployment?