SOCIAL AND EMPLOYMENT AFFAIRS: Commission's infringement
cases
15 February 2011
Please find below a list of some recent Commission infringement
procedures in the area of Social and employment affairs.
Social security coordination: Commission takes Spain to the
European Court of Justice for discriminating EU pensioners
The Commission has decided to take Spain to the European Court
of Justice for refusing EU pensioners access to free medication
while temporarily residing in Spain. Further to receiving Spain’s
reply to the Commission's reasoned opinion (
IP/09/295), the Commission takes the view that Spanish rules
are not in line with EU law as they discriminate against pensioners
from other EU Member States.
Coordination of social security: the Commission takes Belgium to
the Court of Justice of the European Union for
discrimination
Several non-Belgian European citizens who worked in the Belgian
Congo or Ruanda-Urundi and contributed to the Belgian social
security system do not enjoy the same social rights as their
Belgian colleagues. On the basis of their complaints, the European
Commission has acted to enforce compliance with the principle of
non-discrimination between European citizens in line with the
Treaty and European legislation. Following a supplementary reasoned
opinion sent to the Belgian authorities in 2010, the Commission has
decided to take Belgium to the Court of Justice.
Free movement of workers: Commission requests Italy to end
discrimination against workers with professional experience and
qualifications from another Member State
The European Commission has requested Italy to take professional
experience and seniority acquired by doctors in another Member
State into account when determining their rank or working
conditions (like salary, grade career development) in the Italian
public sector. It has also requested Italy, separately, to put an
end to its discriminatory rule whereby teachers with qualifications
obtained in Italy are awarded additional points when determining
their ranking in reserve lists for teaching posts. The Commission
considers that the current rules are discriminatory since they both
affect primarily nationals of other Member States. Both of the
Commission's requests take the form of a 'reasoned opinion' under
EU infringement procedures. Italy has two months to bring its
legislation in both areas into line with EU law. Otherwise, the
Commission may decide to refer Italy to the EU's Court of
Justice.
Health and safety at work: Commission requests the UK to comply
fully with EU legislation on asbestos
The European Commission has asked the UK to change provisions in
its legislation that exempt some maintenance and repair activities
from the application of the EU directive on protection of workers
from asbestos. UK authorities do not comply with three clear
obligations, undermining the protection foreseen by EU law for
workers exposed to asbestos. The request takes the form of a
reasoned opinion under EU infringement procedures. The UK now has
two months to bring its legislation into line with EU law.
Otherwise, the Commission may decide to refer the UK to the EU's
Court of Justice.
