WRITTEN QUESTION P-1084/04 by Richard Howitt (PSE) to the Commission. Possible breach of the European Works Council Directive in respect to redundancies announced by FLS Aerospace.
Date: 2004-04-01
Institutions: European Parliament, Provisional data
Subjects: European Works Council, United Kingdom, air transport, application of EU law, collective dismissal, competence of the Member States, competition law, transport company, worker information

3.4.2004

EN

Official Journal of the European Union

C 84 E/941

Answer given by Mr Vitorino on behalf of the Commission

(29 April 2004)

At present, the Commission has no power to intervene in individual cases concerning the removal of
1.
asylum seekers from the Netherlands. The two proposals for directives that would be relevant have not yet
been adopted by the Council (the directive on minimum standards for asylum procedures and the directive
on the qualification as a refugee or as a person otherwise in need of international protection). Given that
this proposed Community legislation is not yet adopted or in force, the Commission cannot examine
whether the principle of non-refoulement would be at stake in the individual cases.

2.
The Commission would like to refer the right Honourable Member to the reply to question
No E-0618/04 from Ms Karamanou (1). Moreover, the Commission would like to stress that if a person
considers that his or her fundamental rights have been or are being violated, he or she can appeal to the
European Court of Human Rights after exhaustion of national remedies.

The Commission suggested the term ‘removal’

3.
instance in its
Communication on a community return policy on illegal residents (2). It must be emphasised, however,
that there is no legally binding terminology in this context.

‘deportation’

instead of

for

(1) See page 822.
(2) COM(2002) 564 final.

(2004/C 84 E/1039)

WRITTEN QUESTION P-1084/04

by Richard Howitt (PSE) to the Commission

(1 April 2004)

Subject: Possible breach of the European Works Council Directive in respect to redundancies announced by

FLS Aerospace

Will the Commission investigate and comment whether there has been a breach of the European Works
Council Directive (94/45/EC (1)) with respect to the announcement of up to 421 redundancies by FLS
Aerospace at Stansted and Manchester in the United Kingdom on 16 January 2004, without apparent prior
reference to their Works Council? Given the fact that EasyJet are reported to be subsidised by GBP 16 400
to fly their aeroplanes to Dublin for maintenance instead, and given the apparent link to the subsequent
acquisition of FLS Aerospace by SR Technics of Switzerland, could the Commission also investigate and
comment on any possible breaches of European competition law?

(1) OJ L 254, 30.9.1994, p. 64.

(2004/C 84 E/1040)

WRITTEN QUESTION P-1088/04

by Arlene McCarthy (PSE) to the Commission

(5 April 2004)

Subject: Possible breach of the European Works Council Directive with respect to redundancies announced

by FLS Aerospace

Will the Commission investigate and comment as to whether there has been a breach of the European
Works Council Directive (94/45/EC (1)) with respect to the announcement of up to 421 redundancies by
FLS Aerospace at Stansted and Manchester in the United Kingdom on 16 January 2004, without apparent
prior reference to the relevant Works Council? Given the fact that easyJet are reported to be subsidised by