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21.11.

2003 EN Official Journal of the European Union C 280 E/51

(2003/C 280 E/052) WRITTEN QUESTION E-0358/03


by Baroness Sarah Ludford (ELDR) to the Council

(12 February 2003)

Subject: Iraq

Were the Presidency, the High Representative and the Prime Ministers of all existing and candidate states
consulted or even informed before the publication on 30 January of the letter from eight European leaders
calling on Europe to rally behind the US over Iraq? If not, why not?

Reply

(21 July 2003)

The Council would refer the Honourable Member to the statement made on this subject by the Presidency,
on behalf of the Council, at the plenary part-session in Strasbourg in March 2003.

(2003/C 280 E/053) WRITTEN QUESTION E-0361/03


by Roberta Angelilli (UEN) to the Commission

(12 February 2003)

Subject: Holding company called ‘Newco’ set up by Rome City Council  suspected infringement of
competition rules

In September 2002 Rome City Council drew up a draft decision aimed at setting up a limited company to
be responsible for the unified management of all the companies in which the Council has shares. The
transaction was supposed to be completed by the transfer of all the shares in the 83 companies controlled
by the Council to the new company, 97 % of the shares in which would be held by the City Council.

Since the purpose of the new company is to manage the Council’s moveable and immovable property and
provide publicity services, the transaction described above raises a number of doubts as regards
compliance with rules on competition and the concentration of companies.

The new holding would, as a result of the transfer from the Council, have a significant holding in all the
companies which currently carry out public services on behalf of Rome City Council, but the company
itself states in its statutes, that its purpose is to ‘provide services to Rome City Council and the companies
controlled by it’.

The remaining 3 % would be held by the company ‘Risorse per Roma S.p.A.’, which is one of the
companies controlled by the Council and hence by the future holding company. It would therefore have a
share in a company which in its turn has a 96,94 % holding in the former, which would constitute a sort
of underwriting of its own shares.

In view of all this, can the Commission answer the following questions:

1. Does the purpose stated in the statutes of the new company not infringe Articles 81 and 82 of the EC
Treaty, Regulation (EEC) No 4064/89 (1) and Regulation (EC) No 1310/97 (2)?

2. Does the transfer of shares described above not infringe Community rules on company law, in
particular Directive 77/91/EEC (3), in particular Article 18 thereof?

3. What is the Commission’s opinion on the matter?

(1) OJ L 395, 30.12.1989, p. 1.


(2) OJ L 180, 9.7.1997, p. 1.
(3) OJ L 26, 31.1.1977, p. 1.