# C_2014052EN.01002602.xml

| 22.2.2014 | EN | Official Journal of the European Union | C 52/26 |
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22.2.2014

EN

Official Journal of the European Union

C 52/26

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Request for a preliminary ruling from the Giudice di pace di Matera (Italy) lodged on 21 November 2013 — Intelcom Service Ltd v Vincenzo Mario Marvulli

(Case C-600/13)

2014/C 52/47

Language of the case: Italian

Referring court

Referring court

Giudice di pace di Matera

Parties to the main proceedings

Parties to the main proceedings

Applicant: Intelcom Service Ltd

Applicant:

Defendant: Vincenzo Mario Marvulli

Defendant:

Questions referred

Questions referred

| 1. | Do Articles 51 et seq. of Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, give rise to a de facto monopoly on the provision of services by notaries with regard to drawing up and authenticating deeds relating to the sale of immovable property in Italy, in clear breach of the rules and principles laid down by the Treaties of the European Union (Article 49 of the EU Treaty), which provide for the free movement of services within the Member States of the European Union, and in particular of Directive 2006/123/EC (1) of 12 December 2006 [on services in the internal market] (referred to as the Bolkestein directive), implemented in Italy by Legislative Decree No 59 of 26 March 2010 and published in G.U. No 94 of 23 April 2010? |
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1.

Do Articles 51 et seq. of Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, give rise to a de facto monopoly on the provision of services by notaries with regard to drawing up and authenticating deeds relating to the sale of immovable property in Italy, in clear breach of the rules and principles laid down by the Treaties of the European Union (Article 49 of the EU Treaty), which provide for the free movement of services within the Member States of the European Union, and in particular of Directive 2006/123/EC (1) of 12 December 2006 [on services in the internal market] (referred to as the Bolkestein directive), implemented in Italy by Legislative Decree No 59 of 26 March 2010 and published in G.U. No 94 of 23 April 2010?

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| 2. | Does the Court of Justice of the European Union also consider Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, to be in breach of the rules laid down by the EU Treaty which prohibit monopolies on the provision of services (Article 53 of the EU Treaty and Article 37 of the EU Treaty)? |
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2.

Does the Court of Justice of the European Union also consider Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, to be in breach of the rules laid down by the EU Treaty which prohibit monopolies on the provision of services (Article 53 of the EU Treaty and Article 37 of the EU Treaty)?

| 3. | Does the Court of Justice of the European Union also consider Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, to be in breach of European Union rules prohibiting what are referred to as measures having equivalent effect, laid down in Articles 28 and 29 of the EC Treaty and subsequently included in Articles 34 and 35 of the Treaty on the Functioning of the European Union as a result of the reform brought about by the Treaty of Lisbon, such measures being prohibited by the Treaty since they treat nationals of some Member States less favourably than nationals of other Member States with regard to access to services? |
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3.

Does the Court of Justice of the European Union also consider Italian Law No 89/1913 concerning the profession of notary, in conjunction with Articles 1350 and 2657 of the Civil Code, to be in breach of European Union rules prohibiting what are referred to as measures having equivalent effect, laid down in Articles 28 and 29 of the EC Treaty and subsequently included in Articles 34 and 35 of the Treaty on the Functioning of the European Union as a result of the reform brought about by the Treaty of Lisbon, such measures being prohibited by the Treaty since they treat nationals of some Member States less favourably than nationals of other Member States with regard to access to services?

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(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).

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