Petition 0473/2008 concerning the failure of the Commission to take action regarding a competition case and the harmful impact of this on the company concerned

10.11.2010

Question for oral answer O-0182/2010
to the Commission
Rule 115
Erminia Mazzoni
on behalf of the Committee on Petitions

The Committee on Petitions is currently dealing with a petition (0473/2008) by Mr Klein, whose inhaler was banned by Germany in 1997 and 2005.

What measures did the Commission take within the framework of the safeguard clause procedure pursuant to Article 8 of Directive 93/42/EEC that was started in 1997, and did it complete this properly? If so, when, and what was the result? If not, why was the procedure not dealt with in accordance with the obligations laid down in Directive 93/42/EEC, and when does the Commission propose to conclude the procedure?

Is the Commission aware that the petitioner has no decision that he can challenge in court whilst the procedure remains undecided, and what is the Commission’s assessment of its own action in view of the fact that an EU citizen has had his fundamental rights withheld in such a serious manner by the Commission?

What is the Commission’s assessment of the renewed national ban in 2005, and why did it not insist on the commencement of a safeguard clause procedure pursuant to Directive 93/42/EEC, particularly given that this is prescribed in Article 8(3) and Article 18(b) of the Directive?

What prompt remedial action to assist the petitioner does the Commission propose in this case, particularly as the Commission has hitherto neglected to meet its obligations arising from the legislation in force?

Tabled: 10.11.2010

Forwarded: 12.11.2010

Deadline for reply: 19.11.2010