Answer given by Mr Špidla on behalf of the Commission
10.1.2008
1. The inter-ministerial decree of 26 April 2006 does not appear to have been notified to the Commission as forming part of Italy's transposition of Directive 2003/88/EC[1].
2. The Commission will write to the Italian Government, asking it to provide full details of the decree and of the collective agreement mentioned by the Honourable Member, with a view to confirming their provisions and analysing their compatibility with the requirements of the directive.
Should the Commission consider that the national measures are shown to be inconsistent with the requirements of Community law, it reserves the right to take whatever steps it judges necessary and appropriate, including infringement proceedings.
3. As the Honourable Member will be aware, Article 137 of the EC Treaty, which is the legal base for Community legislation in this area, provides for the adoption of directives but does not permit the adoption of regulations.
- [1] Directive 2003/88/EC of Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, OJ L 299, 18.11.2003. This directive consolidated and repealed the previous Directives (93/104/EC and 2000/34/EC) mentioned by the Honourable Member.
OJ C 191, 29/07/2008