Opinion of the Advocate General — ECLI:EU:C:1999:582
Date: 1999-11-25
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Competition;Dominant position
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
1. Competition — Public undertakings and undertakings to which Member States grant 
special or exclusive rights — Rules of the Treaty — Direct effect 
(EC Treaty, Arts 86 and 90 (now Arts 82 EC and 86 EC)) 
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SUMMARY — CASE C-258/98 
2. Competition — Dominant position— Abuse— Undertaking with a statutory 
monopoly — Public placement offices — Criteria for assessment 
(EC Treaty, Arts 86 and 90(1) and (2) (now Arts 82 EC and 86(1) and (2) EC)) 
3 Community law — Directly applicable provisions — Conflict between Community 
law and a subsequent statute — Obligations and powers of the national court dealing 
with the matter — Non-application of the national provision, even if adopted 
subsequently — incompatibility with the Treaty of any constitutional practice 
entrusting the resolution of the dispute to an authority other than the court dealing 
with the matter 
1. Even within the framework of Arti­
cle 90 of the EC Treaty (now Arti­
cle 86 EC), Article 86 of the EC Treaty 
(now Article 82 EC) has direct effect 
and confers on individuals rights which 
the national courts must protect. 
(see paras 11, 17 and operative part) 
2. Public placement offices are subject to 
the prohibition contained in Article 86 
of the Treaty (now Article 82 EC), so 
long as the application of that provi­
sion does not obstruct the particular 
task conferred on them. A Member 
State which prohibits any activity as 
intermediary between supply and 
demand on the employment market, 
unless it is carried on by those offices, 
is in breach of Article 90(1) of the 
Treaty where it creates a situation in 
which those offices cannot avoid 
infringing Article 86 of the Treaty. 
That is the case, in particular, in the 
following circumstances: 
— the public placement offices are 
manifestly unable to satisfy demand 
on the market for all types of 
activity; and 
— the actual placement of employees 
by private companies is rendered 
impossible by the maintenance in 
force of statutory provisions under 
which such activities are prohibited 
and non-observance of that prohi­
bition gives rise to penal and 
administrative sanctions; and 
— the placement activities in question 
could extend to the nationals or to 
the territory of other Member 
States. 
(see paras 13-14, 17 and 
operative part) 
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CARRA AND OTHERS 
3. A national court which is called upon, 
within the limits of its jurisdiction, to 
apply provisions of Community law is 
under a duty to give full effect to those 
provisions, if necessary refusing of its 
own motion to apply any conflicting 
provision of national legislation, even 
if adopted subsequently, and it is not 
necessary for the court to request or 
await the prior setting aside of such 
provisions by legislative or other con­
stitutional means. 
(see paras 16-17 and operative part) 
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