# C_2012089EN.01001201.xml

| 24.3.2012 | EN | Official Journal of the European Union | C 89/12 |
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24.3.2012

EN

Official Journal of the European Union

C 89/12

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Reference for a preliminary ruling from the Tribunal da Relação de Lisboa (Portugal) lodged on 3 January 2012 — Ordem dos Técnicos Oficiais de Contas v Autoridade da Concorrência

(Case C-1/12)

2012/C 89/18

Language of the case: Portuguese

Referring court

Referring court

Tribunal da Relação de Lisboa

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ordem dos Técnicos Oficiais de Contas

Applicant:

Defendant: Autoridade da Concorrência

Defendant:

Questions referred

Questions referred

| 1. | Must an institution such as the Ordem dos Técnicos Oficiais de Contas (OTOC) be regarded in its entirety as an association of undertakings for the purposes of applying the Community competition law rules (training market)? If so, is the present Article 101(2) TFEU to be interpreted as also rendering subject to those rules an entity which, like the OTOC, lays down binding rules of general application and does so in compliance with legal requirements concerning mandatory training of chartered accountants with a view to providing citizens with a quality service that can be relied on? |
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1.

Must an institution such as the Ordem dos Técnicos Oficiais de Contas (OTOC) be regarded in its entirety as an association of undertakings for the purposes of applying the Community competition law rules (training market)? If so, is the present Article 101(2) TFEU to be interpreted as also rendering subject to those rules an entity which, like the OTOC, lays down binding rules of general application and does so in compliance with legal requirements concerning mandatory training of chartered accountants with a view to providing citizens with a quality service that can be relied on?

| 2. | If an entity such as the OTOC is required by law to implement a mandatory training system for its members, may the present Article 101 TFEU be interpreted as allowing the possibility of challenging the setting up of a training system legally imposed by the OTOC and by the Regulation governing that system, in so far as the latter strictly confines itself to giving effect to the legal requirement? Or, on the contrary, does this matter fall outside the scope of Article 101 and must it be examined under the present Article 56 et seq. TFEU? |
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2.

If an entity such as the OTOC is required by law to implement a mandatory training system for its members, may the present Article 101 TFEU be interpreted as allowing the possibility of challenging the setting up of a training system legally imposed by the OTOC and by the Regulation governing that system, in so far as the latter strictly confines itself to giving effect to the legal requirement? Or, on the contrary, does this matter fall outside the scope of Article 101 and must it be examined under the present Article 56 et seq. TFEU?

| 3. | Having regard to the fact that the Wouters
   (1) judgment, and similar judgments, were concerned with rules having an impact on the economic activity of the professional members of the professional association in question, do Articles 101 and 102 TFEU preclude rules on the training of chartered accountants which have no direct influence on their economic activity? |
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3.

Having regard to the fact that the Wouters
   (1) judgment, and similar judgments, were concerned with rules having an impact on the economic activity of the professional members of the professional association in question, do Articles 101 and 102 TFEU preclude rules on the training of chartered accountants which have no direct influence on their economic activity?

Wouters

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| 4. | In the light of Union competition law (in the training market), may a professional association impose the requirement, for the practice of the profession, of particular training provided only by it? |
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4.

In the light of Union competition law (in the training market), may a professional association impose the requirement, for the practice of the profession, of particular training provided only by it?

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(1)  Case C-309/99 Wouters [2002] ECR I-1577

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Wouters

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