91999E0345

WRITTEN QUESTION E-0345/99

by Paul Rübig (PPE) to the Commission

(23 February 1999)

Subject: Discriminatory ferry tariffs applied by public undertakings

I should like to thank the Commissioner responsible for his reply to question H-1068/98(1) at the sitting of 15 December 1998 and in his letter (No 0207) of 1 February 1999. I agree with him that there has been a breach of EU law by private undertakings without a dominant position on the market.

However, two aspects still require clarification:

1. Do the facts at issue not alo give grounds for suspicion of concerted practices in contravention of Article 85?

2. What difference would it make if a public undertaking were operating the ferry service? Would the ferry operator in question have to be classified as a public undertaking?

Answer given by Mr Van Miert on behalf of the Commission

(31 March 1999)

In order to avoid misunderstanding, it should be noted that the reply and letter to which the Honourable Member refers indicated that the Commission does not consider there has been a breach of the Community competition rules by a non-dominant private undertaking.

1. As regards Article 85 of the EC Treaty, the Commission has no evidence of any horizontal cartel agreement between the operators.

2. Public undertakings are, like other undertakings, bound by the Community competition rules. Article 90 of the EC Treaty requires that in the case of public undertakings Member States shall neither enact or maintain in force any measure contrary to the competition rules, except for reasons given in Article 90, paragraph 2. There does not appear here to be a breach of Community law by a private undertaking, and nor would the situation be different if the ferry service were operated by a public undertaking.

In this case the ferry company to which the Honourable Member refers is a private company neither owned nor controlled by the public authorities. It is therefore not a public undertaking.

(1) Debates of the European Parliament (December 1998).