You are on page 1of 1

C 155 E/10 Official Journal of the European Union EN 3.7.

2003

3. The German Monopoly Commission, by weighing up the severe restrictions on competition with the
public interest arguments put forward by E.ON, reached the conclusion that ministerial approval should
not be granted. In the context of its opinion, the German Monopoly Commission also discussed possible
remedies such as unbundling and a divestiture of Thüga AG, a subsidiary of E.ON, which holds stakes in
130 local and regional utility companies.

4. The Commission is not in a position to comment on the underlying reasons for the ministerial
approval.

5. The ministerial approval was granted for a specific merger case. Future mergers in the energy sector
have to judged on the basis of the merits of each case.

6. The procedure in this case was based on German Cartel Law and carried out by the German
authorities in the framework of their own policy. The Commission has no indication that this case had
(has) Community dimension within the meaning of the European Merger Regulation (1) and that it had
thus jurisdiction to deal with it.

(1) Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between
undertakings  OJ L 395, 30.12.1989 (whole text republished in OJ L 257, 21.9.1990).

(2003/C 155 E/010) WRITTEN QUESTION E-2315/02


by Ole Krarup (GUE/NGL) to the Council

(26 July 2002)

Subject: Legal basis of the framework decision on combating racism

Could the Council please state its view of the legal basis selected for the proposal for a framework decision
on combating racism and xenophobia (1), in particular in the light of Article 31(e), because this provision
does not mention ‘racism and xenophobia’ as a subject for legislation pursuant to that article.

Article 31(e) relates solely to ‘organised crime, terrorism and illicit drug trafficking’. Has the Council’s Legal
Service given an opinion on this issue? Please attach any such opinions to your answer.

(1) COM(2001) 664  OJ C 75 E, 26.3.2002, p. 269.

Reply

(4 March 2003)

The Council informs the Honourable Member of the European Parliament that the framework decision on
combating racism and xenophobia, for which the Commission proposes Article 31(e) TEU as the legal
basis, is still being discussed within the Council.

(2003/C 155 E/011) WRITTEN QUESTION E-2317/02


by Ole Krarup (GUE/NGL) to the Council

(26 July 2002)

Subject: Framework decisions and freedom of choice

In the light of current proposals for ‘framework decisions’  in particular the proposal for a framework
decision on the European arrest warrant (1), and the proposal for a framework decision on combatting
racism and xenophobia (2), I would be glad if the Council could explain how it understands the detailed
conditions for the use of ‘framework decisions’.