92000E2336

WRITTEN QUESTION P-2336/00

by Georg Jarzembowski (PPE-DE) to the Commission

(4 July 2000)

Subject: Possible expropriation in Spain and EU aid

A German citizen of the European Union has purchased two plots of land in Spain for his retirement (address: Urbanisacion de la Torre de Benagalbon No 2, E 29738 Rincon de la Victoria, Provincia Malaga, Andalusia, Spain). On one of these two plots there is an old tower, while on the other one there is a house which has been renovated by the new owner. In an unexpected move, the plot with the tower is now apparently going to be expropriated to make way for a park, and the same thing is due to happen to the other plot. The park is to be funded from EU funds.

Will the Commission say:

1. Under which conditions is the expropriation of legally acquired real estate in Spain possible and what compensation is payable in such cases?

2. Is it true that EU funds have been applied for and perhaps granted to set up a park on the plots of land in question? If so, when did the Commission receive the application in question, when was the funding decision taken, which programme do the funds come from and under which conditions was aid granted?

3. In case an application was submitted for aid, was the Commission informed that both plots of land are private property?

4. Does the Commission intend to examine, before authorising funding or, if it has already done so, in the light of these new circumstances whether, under the general principles of the rule of law, the expropriation of the plots of land in question is possible?

5. Bearing in mind the ban on discrimination (Art. 12 TEU), how does the Commission view the fact that the expropriation procedure and the plans to set up a park complex only went ahead after a German citizen of the Union had purchased the plots of land in question and undertaken extensive renovation work?

Answer given by Mr Barnier on behalf of the Commission

(19 September 2000)

Apart from large-scale investments, the Commission is not involved in the selection of individual projects for structural fund assistance. It therefore does not have the detailed information requested. The conditions governing such matters as the expropriation of land, whether or not with structural fund involvement, are determined by the Member States.

On the basis of the information provided, the Commission will request the Spanish authorities concerned to furnish information on the project in order to ensure that no breach of Community rules has taken place.