WRITTEN QUESTION No. 277/99 by Riccardo NENCINI German Institute of Art History in Florence
C 325/100 Official Journal of the European Communities EN 12. 11. 1999 Article 4 also provides for the workers concerned to be protected against any dismissal pronounced by the transferor or the transferee, but does not hinder any dismissals that may occur for economic, technical or organisational reasons leading to changes in the area of employment. The Commission does not take measures in individual cases, as requested by the Honourable Member, and does not know about the case he mentions. If the national provisions transposing Community law are not complied with, it is primarily the responsibility of the national courts and authorities to deal with any resulting dispute. (1) OJ L 61, 5. 3. 1977. (1999/C 325/135) WRITTEN QUESTION E-0277/99 by Riccardo Nencini (PSE) to the Commission (17 February 1999) Subject: German Institute of Art History in Florence The German Institute of Art History in Florence, a body under the control of the German Ministry for Research and Technology, has 33 permanent staff, 15 of German nationality and 18 of other nationalities. Although they perform the same tasks, the non-German staff receive much lower salaries than the German staff, the latter being paid normal civil service rates, while the former receive a much lower salary based on the rate scales for the Germany Embassy in Rome. This represents unacceptable discrimination on the basis of nationality. Will the Commission take steps to tackle this clear case of discrimination? Answer given by Mr Flynn on behalf of the Commission (6 April 1999) The Commission considers that all staff employed at the Institute of Art History in Florence by the German authorities are subject to the principle of non-discrimination on grounds of nationality. Any differences in pay between employees should therefore be based on objective reasons independent of nationality. It is for the employer to establish the terms of employment, including pay, on the basis of the tasks and responsibilities of the employees. However, it should be noted that Member States may make special arrangements for civil servants, where such arrangements are justified by the nature of the legal relationship between the government and the employee or civil servant. However, the category of civil servant must be open to all European workers without discrimination on grounds of nationality. The Commission considers that it is the employer’s responsibility to apply these general principles of Community law to the different individual cases