92002E1114

WRITTEN QUESTION E-1114/02

by Luigi Cocilovo (PPE-DE) to the Commission

(18 April 2002)

Subject: Legislative measures planned by the Commission in response to the European Court of Justice ruling of 15 January 2002 (Case C-55/2000)

Articles 12 and 39 of the EC Treaty prohibit all forms of discrimination on grounds of nationality between citizens of the Member States. On 15 January 2002 the Court of Justice issued its judgment in Case No 55/2000 (Gottardo v INPS). The question referred to the Court under Article 234 of the EC Treaty concerned the refusal by authorities in a Member State to allow a European citizen who was a national of another Member State to benefit from pension provisions contained in a bilateral agreement concluded with a third country, these provisions being applicable solely to nationals of the two contracting parties. The Court drew attention to the implications of Article 39 and pointed out that a Member State must, for the purposes of determining pension rights, take account of periods of insurance completed in a Member State by nationals of another Member State in all instances where they would take account of such periods in respect of their own nationals.

In the light of the above and given that there are many European citizens who could benefit from this ruling, what legislative proposals has the Commission made or does it intend to make to the European Parliament and the Council to ensure that Member States comply with the Court's decision?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 May 2002)

In accordance with the Gottardo ruling(1), the advantages arising from a bilateral agreement between a Member State and a third country must be granted to workers from other Member States which are not party to the agreement; this is based on the principle of equal treatment of nationals and workers from other Member States, as provided by Article 39 of the EC Treaty.

Following this ruling, the Commission asked the Member States to inform it of any practical difficulties related to the application of this case law and of the measures they planned to take to ensure that the various agreements complied with the Court of Justice ruling. The Commission is currently examining the Member States' responses.

(1) Case C-55/00 European Court Reports 2002.