91997E3378

WRITTEN QUESTION E-3378/97 by Anita Pollack (PSE) to the Commission (23 October 1997)

Subject: Second Company Law Directive 77/91/EEC

Does the Commission think there is sufficient basis in Directive 77/91/EEC ((OJ L 26, 31.1.1977, p. 1. )) to pursue action against any government for actions taken which were in breach of this directive, in a period between the coming into force of the directive and the amendment of national legislation?

Answer given by Mr Monti on behalf of the Commission (6 January 1998)

The Commission may initiate proceedings against a Member State which, in its opinion, has failed to fulfil an obligation under Community law. This principle is, of course, applicable to Council Directive 77/91/EEC of 13 December 1996 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, in respect of the formation of public limited liability companies and the maintenance and alteration of their capital, with a view to making such safeguards equivalent. The appropriateness and extent of such proceedings may, however, be assessed only on the basis of each specific case and in the light of the Member State and item of national legislation concerned.