WRITTEN QUESTION E-1700/99 by Ilda Figueiredo (GUE/NGL) to the Commission. Transposition of Directive 93/0104/EC on working time.
20. 6. 2000 EN Official Journal of the European Communities C 170 E/79 Is the Commission aware of authorities to be contrary to the principle of equal treatment? What will it do to resolve the problem? this situation? Does it not believe the behaviour of the Luxembourg Answer given by Ms Diamantopoulou on behalf of the Commission (5 November 1999) The Commission presumes that the Honourable Member is referring to Luxembourg legislation concerning the right to a guaranteed minimum income in the context of the fight against social exclusion in Luxembourg. The regulations applying in Luxembourg make the granting of this benefit dependent on a personís financial resources, which includes the value of any property irrespective of whether this is situated in Luxembourg or abroad. The Commission considers that, in view of the judgment of the Court of Justice (1), no discrimination on the basis of nationality is taking place. This judgment states that Articles 7 and 48 of the Treaty (2) do not prohibit ü though they do not require ü the treatment by the institutions of Member States of corresponding facts occurring in another Member State as equivalent to facts which, if they occur on the national territory, constitute a ground for the loss or suspension of the right to cash benefitsí. (1) In connection with a similar case, see the Court of Justice judgment of 28 June 1978 in Case 1/78 Kenny [1978] ECR 1489. (2) Now Articles 12 and 39 respectively as a result of amendments to the EC Treaty. (2000/C 170 E/090) WRITTEN QUESTION E-1700/99 by Ilda Figueiredo (GUE/NGL) to the Commission (29 September 1999) Subject: Transposition of Directive 93/0104/EC on working time Because Directive 93/0104/EC (1) on working time has not been transposed into Luxembourg law, employees in certain economic sectors, for example the hotel and catering trade, are obliged to work very long hours far in excess of the norm laid down at European level. What is the current position, and what steps are being taken to make the Luxembourg authorities transpose the above Directive and comply with Community law? (1) OJ L 307, 13. 12. 1993, p. 18. Answer given by Mrs Diamantopoulou on behalf of the Commission (4 November 1999) The Luxembourg authorities have communicated to the Commission their national measures implementing Directive 93/0104/EC of 23 November 1993 concerning certain aspects of the organization of working time. The Commission is currently undertaking a thorough analysis of this legislation. A report on the implementation of Directive 93/0104/EC in the Member States is due to be presented early in 2000