European Parliament 16 April 2002, WRITTEN QUESTION E-1026/02 by Klaus-Heiner Lehne (PPE-DE) to the Commission. Discrimination arising from the introduction of local environmental legislation in four Swedish cities.

2. Does not the Commission agree that captains who are not employed in the public service cannot fall under Article 39(4), inter alia on the grounds that the Court uses the phrase ‘whatever the duties of the employee’ (judgment in case C-283/99, Commission v. Italy)? 3.