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Parliamentary questions
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16 January 2019
Question for written answer E-000191-19
to the Commission
Rule 130
Ole Christensen (S&D)

 Subject:  Italian court overrules the Danish Labour Court
 Answer in writing 

On 7 December 2017, the Italian company Solesi was ordered to pay a fine of EUR 1.87 million for the underpayment of 130 construction workers. Solesi had failed to uphold the collective agreement it had signed up to, and had failed to make pension payments and provide holiday pay.

In September 2018, a court in Syracuse established that the Danish Labour Court’s judgment could be executed.

However, on 5 December 2018, the court in Syracuse issued a new judgment stating that the Danish Labour Court’s ruling cannot be enforced in Italy. It is stated in the grounds for the Italian judgment that the ruling is inconsistent with the principles underpinning Italian law, EU rules and the European Convention on Human Rights.

The Italian judgment challenges the Danish labour market model in stating that we are unable to enforce labour-law-related issues in Denmark. This is despite the fact that EU legislation recognises the Danish labour market model, and the fact that the Commission has officially stated that social dumping has no place in the EU.

1. Does the Commission take the view that a company that carries out work in another Member State should uphold the principles of law in that Member State? 2. Does the Commission take the view that the court in Syracuse has the right to overrule a court in another Member State?

Does the Commission agree that Denmark, in the light of the Syracuse court’s ruling, is unable to enforce requirements set out in collective agreements and prosecute foreign companies that engage in social dumping when carrying out work under European public procurement law?

Original language of question: DA 
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