91999E0922

WRITTEN QUESTION E-0922/99

by Riccardo Nencini (PSE) to the Commission

(8 April 1999)

Subject: "Laboratoires Boironm" - the case of Mr Mariano Parrucci

Mr Mariano Parrucci, resident in Italy and registered on the provincial list of disabled persons available for suitable employment, was sent by the Bologna employment office to the company "Laboratoires Boironm" to fill a vacant position.

In October 1998 the above-mentioned company rejected Mr Parrucci, claiming it was awaiting instructions - which never arrived - from its head office.

This is a clear breach of the law in general and of existing legislation in Italy.

Will the Commission take urgent action to protect one of the rights of a disabled person, a right that is enshrined in the law of an EU Member State?

Answer given by Mr Flynn on behalf of the Commission

(5 May 1999)

On the basis of the information furnished by the Honourable Member, it appears that the case of the person in question does not come within the remit of Community law.

Italian Act 482 of 15 April 1968 provides that private or public sector firms employing more than 35 persons must reserve 15 % of their posts for disabled people in several categories. In the event of non-compliance, the firms must pay a fine as determined by each competent provincial committee.

It should be noted that the system of reserved placings or quotas is exclusively a matter for the Member States.

Hence it is for the interested party to lodge a complaint with the competent Italian institution in order to benefit from the provisions of the aforementioned act.