92001E1205

WRITTEN QUESTION E-1205/01

by Francesco Turchi (UEN) to the Commission

(19 April 2001)

Subject: Organisational and restructuring problems of the Finmeccanica group

The industrial restructuring plans for the Finmeccanica group have aroused serious concerns among the personnel of the group and its associates, Alenia Aerospazio, Alenia Difesa and Alenia Marconi Systems, an Italo-British joint venture for military electronics run by a British managing director.

The group has announced losses equivalent to ITL 230 billion in its Italian operation alone, in a situation that values production at 1 577 billion and the acquisition of new orders at 1 168 billion. It has produced a restructuring plan that would seriously affect Italian employment, with the redundancy of 400 employees, mainly in the factories at Gugliano and Fusaro.

Can the Commission confirm whether there is a dominant position in the British representative on the group's internal management, which is otherwise established on the basis of parity?

Can it also carry out an investigation of the asset-stripping plan in the research and production sectors of Alenia Marconi Systems, to prevent the creation of a new subsidiary having an adverse effect on Italian employment in the industry concerned?

Answer given by Mr Monti on behalf of the Commission

(5 July 2001)

As regards the structure of control of the undertakings mentioned, the Commission found in its decision of 28 August 1998 in case M.1258 GEC Marconi/Alenia(1) that GEC-Marconi and Finmeccanica S.p.A. (through its wholly owned subsidiary, Alenia Systems S.p.A.) had each joint control over Alenia Marconi Systems within the meaning of Article 3(1)b of Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings(2) (Merger Regulation).

The Commission believes that GEC Marconi's rights in Alenia Marconi Systems have been transferred to BAe Systems as a result of the subsequent acquisition of GEC Marconi by BAe.

The Commission attaches the greatest importance to the social consequences of corporate restructuring but, apart from this assessment strictly limited to the Commission's mandate under the Merger Regulation, the Commission has no information concerning the question raised and has no other legal base to undertake investigations concerning individual restructuring operations, unless the restructuring is financed by State aid.

(1) OJ C 306, 6.10.1998.

(2) OJ L 395, 30.12.1989 as amended by OJ L 257, 21.9.1990.