(2004/C 78 E/0265)

WRITTEN QUESTION E-3336/03

by Roberta Angelilli (UEN) to the Commission

(12 November 2003)

Subject:   Suspected violation of the rights of the employees of Alcatel Italia S.p.A.

With reference to the answer of 23 October 2003 given by the Commissioner Mrs Diamantopoulou to question P-2897/03 (1), it should be noted that the restructuring plan would lead to the fragmentation of a well-established industrial centre with ultra-modern structures and equipment and highly specialised workers. Furthermore, there would be serious social repercussions, since a large percentage of the workforce are women and young people.

Finally, it appears that Alcatel has obtained substantial funding from the Region of Lazio and the Italian government in the past.

In view of all this, can the Commission say:

Answer given by Mrs Diamantopoulou on behalf of the Commission

(23 December 2003)

Council Directive 2000/78/EC of 27 November 2000 establishes a general framework for equal treatment in employment and occupation. It prohibits discrimination in employment on the grounds of religion or belief, age, disability or sexual orientation. The Member States must implement it in their national law by 2 December 2003 at the latest. Member States may request an additional period of up to three years to implement the provisions of the Directive on age and disability discrimination. Differences of treatment on grounds of age may be justifiable if they are objectively and reasonably justified by a legitimate aim, such as employment or labour market policy (article 6). Directive 2000/78/EC does not set out special procedures concerning corporate restructuring.

The facts mentioned by the Honourable Member do not appear to come under the scope of Directive 2001/23/EC (4). Thus, Article 1 of this Directive states that it applies to any transfer of an undertaking, business or part of an undertaking or business to another employer as a result of a legal transfer or merger. Under the terms of the Directive, a transfer means a transfer of an economic entity which retains its identity, meaning an organised grouping of resources which has the objective of pursuing an economic activity, whether or not that activity is central or ancillary.

This particular case seems to concern restructuring leading to job losses but not involving the transfer of an undertaking, business or part of an undertaking or business to another employer.

(1)  OJ C 65 E, 13.3.2004.

(2)  OJ L 82, 22.3.2001, p. 16.

(3)  OJ L 303, 2.12.2000, p. 16.

(4)  Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJ L 82, 22.3.2001.