92000E2127

WRITTEN QUESTION E-2127/00

by Benedetto Della Vedova (TDI) to the Commission

(30 June 2000)

Subject: Liberalisation of airport services

The Italian Government transposed Directive 96/67(1) on the liberalisation of airport services in Legislative Decree No 18 of 3 January 1999.

ADUC (an association representing the rights of users and consumers) lodged an appeal against this decree (Community reference number 99/4472/, SG(99)A7228), pointing out that the decree allows the upholding of monopolistic positions to the detriment of consumers, as regards the cheapness, efficiency and quality of services.

DG VII, responsible for transport, in a letter dated 7 September 1999 (D899/gb/ass/150 290IT) echoed ADUC's observations and called on the Italian Government to amend its decree, saying that otherwise it would bring the matter before the Court of Justice.

Since the Italian Government has still not amended its decree and the Commission has not brought proceedings for infringement of the Community directive, can the latter say why, eight months after DG VII sent the above-mentioned letter, it has still not brought proceedings against the Italian Government and whether it does not consider that the Italian Government's behaviour is objectively aimed at safeguarding the interests of airport companies at the cost of the consumer, in violation of freedom of competition?

(1) OJ L 272, 25.10.1996, p. 36.

Answer given by Mrs de Palacio on behalf of the Commission

(11 September 2000)

In its letter dated 7 September 1999 the Commission informed the Italian authorities of the incompatibility with the provisions of Community law of certain clauses of legislative decree No 18 of 13 January 1999 transposing into Italian law Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports(1). Indeed, those clauses are intended to prevent the full implementation of the Directive by restricting the right of access to the market, more particularly by requiring that staff be retained or that existing contracts continue.

The Commission would like to stress that an infringement procedure has been introduced. After various exchanges of views with the Italian authorities, the Commission has now sent a warning letter dated 3 May 2000 asking the Italian authorities to pass on their comments within two months.

In accordance with the rules laid down by the EC Treaty, the Commission has the option, in the absence of any reply by a Member State, or where that Member State gives an unsatisfactory reply, to deliver a reasoned opinion urging it to adhere to the Community principles within the given deadline. The matter may only be laid before the Court of Justice at a subsequent stage of the procedure.

That information had already been covered by a Commission letter to the ADUC (Associazione per i diritti degli utenti e consumatori) on 30 May 2000. Moreover, that association had been kept informed of developments in the procedure.

(1) OJ L 272, 25.10.1996.