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Article 83a of Decree‑Law No 112 of 25 June 2008 in the version applicable to the disputes in the main proceedings (‘Article 83a of amended Decree‑Law No 112/2008’), entitled ‘Protection of road safety and of the proper functioning of the road haulage market for hire and reward’, provides: ‘1. The Osservatorio referred to in Article 9 of Legislative Decree No 286 of 21 November 2005 shall, on the basis of an appropriate sample survey and having regard to the findings made each month by the Ministry of Economic Development on the average price of road diesel, determine each month the average cost of fuel per kilometre, according to the various types of vehicle, and the related impact. 2. According to the types of vehicles, the Osservatorio shall determine, on the fifteenth day of June and December, the proportion, expressed as a percentage, of the operating costs of haulage undertakings for hire and reward which is represented by fuel costs. 3. The provisions of paragraphs 4 to 11 of this article are aimed at regulating the mechanisms for adjusting the charges payable by customers in respect of the fuel costs borne by carriers and shall be the subject of a review, according to their impact on the market, after a period of one year from the date of their entry into force. 4. In order to ensure the protection of road safety and the proper functioning of the market in the road haulage of goods for hire and reward, in a haulage contract concluded in written form for the purposes of Article 6 of Legislative Decree No 286 of 21 November 2005, the amount to be paid to the carrier must be such as at least to cover the minimum operating costs which ensure, in any event, compliance with the safety standards laid down by law. Those minimum costs shall be determined within the framework of voluntary sectoral agreements, concluded between haulage associations represented within the Consulta, referred to in paragraph 16, and customer associations. Those agreements may also provide for haulage contracts of guaranteed durations or quantities, pursuant to which it is possible to derogate from the provisions referred to in this paragraph, the provisions of Article 7(3) and (7a) of Legislative Decree No 286 of 21 November 2005, and the provisions on direct actions. 4a. If the voluntary agreements provided for under paragraph 4 are not concluded within a period of nine months from the date on which the present provision enters into force, the Osservatorio referred to in Article 6(1)(g) of Legislative Decree No 284 of 21 November 2005 shall determine the minimum costs, in accordance with what is provided for in paragraph 4. Where that first period has expired, if the Osservatorio has not adopted the calculation of the minimum costs within a further 30 days, paragraphs 6 and 7 shall apply also to haulage contracts concluded in written form, solely for the purposes of fixing the charge. 4b. If the invoice mentions a charge lower than that which is provided for in paragraph 4 or paragraph 4a, an action by the carrier vis-à-vis the customer for payment of the difference shall be time barred after one year, from the day on which the transport service has been completed, unless otherwise agreed on the basis of voluntary sectoral agreements concluded in accordance with paragraph 4. 4c. By derogation to what is provided for in paragraphs 4 and 4a, the amount of the charge to be paid to the carrier for transport services performed under a contract concluded in written form, for the purposes of Article 6 of Legislative Decree No 286 of 21 November 2005, may be freely negotiated between the parties where the abovementioned services are limited to 100 kilometres per day, unless otherwise agreed on the basis of the voluntary sectoral agreements under paragraph 4. 4d. At the time the contract is concluded, the carrier shall provide the customer with a certificate issued by the social protection bodies dated no more than three months previously, indicating that the undertaking has paid the requisite social security and insurance contributions. 5. If the contract relates to transport services to be performed over a period of more than thirty days, the proportion of the charge corresponding to the cost of the fuel borne by the carrier for the performance of the contractual services, as indicated in the contract or on invoices issued in relation to the services undertaken by the carrier during the first month of validity of that contract, shall be adjusted on the basis of the variations of the price of fuel determined in accordance with paragraph 1, if those variations exceed 2% of the reference value taken into consideration at the time that the contract is signed or of the latest adjustment. 6. If the haulage contract has not been concluded in written form, in accordance with Article 6 of Legislative Decree No 286 of 21 November 2005, the invoice issued by the carrier shall highlight, solely for legal and administrative purposes, the proportion of the charge payable by the customer corresponding to the cost of the fuel borne by the carrier for the performance of the contractual services. That amount must correspond to the result of the multiplication of the amount of the fixed cost per kilometre, in respect of the class to which the vehicle used for the transport belongs, for the purposes of paragraph 1, during the month preceding that of the performance of the transport, by the number of kilometres corresponding to the service indicated on the invoice. 7. The proportion of the charge payable to the carrier other than that indicated in paragraph 6 must correspond, subject to what is payable by the customer for the cost of the fuel, to a proportion of that charge which is at least equal to that identified as corresponding to costs other than the fuel costs referred to in paragraph 2. 8. If the proportion of the charge payable to the carrier other than the proportion referred to in paragraph 6 is an amount lower than that stated in paragraph 7, the carrier is entitled to ask the customer to pay the difference. If the haulage contract has not been concluded in written form, an action by the carrier shall be time barred five years from the day on which the transport service was completed. If the transport contract is concluded in written form, an action by the carrier shall be time barred after one year, in accordance with Article 2951 of the Civil Code. 9. If the customer does not effect payment within fifteen days, the carrier has a right to lodge an application in the following fifteen days -failing which that right lapses — for order for payment by means of an action before the court having jurisdiction, in accordance with Article 638 of the Code of Civil Procedure, by submitting the documentation relating to its entry in the register of carriers of goods by road for hire and reward, the registration document of the vehicle used for the performance of the transport service, the invoice indicating the charge relating to the transport service, the documentation showing that payment of the amount indicated has been made and the calculations by which the additional charge payable to the carrier in accordance with paragraphs 7 and 8 has been determined. Having ascertained that the documentation is in order and that the calculations are correct, the court shall request the customer, by means of a reasoned decision within the meaning of Article 641 of the Code of Civil Procedure, to pay the amount payable without delay to the carrier, and authorise the provisional enforcement of the decision within the meaning of Article 642 of the Code of Civil Procedure and fix the period during which an action may be brought, in accordance with the provisions referred to in Book IV, Title I, Chapter I, of that code. … 14. Without prejudice to the penalties laid down by Article 26 of Law No 298 of 6 June 1974 and the subsequent amendments thereof and by Article 7 of Legislative Decree No 286 of 21 November 2005, if applicable, any breach of the rules referred to in paragraphs 6, 7, 8 and 9 shall result in exclusion, for a period of up to six months, from public tendering procedures for the provision of goods and services, and in ineligibility for a period of one year for tax, financial and welfare benefits of any type provided for by law. 15. The penalties stated in paragraph 14 shall be applied by the competent authorities. 16. The penalties referred to in paragraph 14 shall not be applied if the parties have concluded a transport contract which is in compliance with a voluntary agreement entered into between the majority of the member organisations of the road transport operators and of the users of transport services represented in the Consulta for the purpose of regulating the conduct of transport services in a specific commercial sector. …’