Home | About Us | Advanced search | Link Versione Italiana  English version  France version

 Europeanrights.eu

European Observer on fundamental right's respect

  Advanced search

Case Law C-136/12 (18/07/2013)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/18/2013

Subject: The Court clarified that it is for the referring court alone to determine and formulate the questions to be referred for a preliminary ruling concerning the interpretation of European Union law which it considers relevant for the resolution of the dispute in the main proceedings. National rules which have the effect of undermining that jurisdiction must be disapplied. Moreover, the Court affirmed that rules such as those laid down by the Code of Conduct concerning the exercise of the profession of geologist in Italy, which establish as criteria for determining the remuneration of geologists, in addition to the quality and scale of the work to be performed, the dignity of the profession, constitute a decision by an association of undertakings which may have the effect of restricting competition within the internal market. It is for the referring court to assess whether that effect is produced in the present case. That court must also verify whether the rules of that code may be regarded as necessary for the implementation of the legitimate objective of providing guarantees to consumers of geologists’ services.

Parties: Consiglio nazionale dei geologi

Classification: Solidarity - Art. 38 Consumer protection

Text download Italian English French