Judgment of the Court (Sixth Chamber) 7 March 2002 in Case C-310/99: Italian Republic v Commission of the European Communities (State aid — Guidelines on aid to employment — Measures intended to promote youth employment and convert fixed-term contracts into open-ended ones — Reduction of social security contributions)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU), employment aid, young person

C 109/4

EN

Official Journal of the European Communities

4.5.2002

JUDGMENT OF THE COURT

19 February 2002

in Case C-309/99 (Reference for a preliminary ruling from
the Raad van State): J.C.J. Wouters, J.W. Savelbergh, Price
Waterhouse Belastingadviseurs BV v Algemene Raad van
de Nederlandse Orde van Advocaten (1)

(Professional body — National Bar — Regulation by the Bar
of the exercise of the profession — Prohibition of multi-
disciplinary partnerships between members of the Bar and
accountants — Article 85 of the EC Treaty (now Article 81
EC) — Association of undertakings — Restriction of compe-
tition — Justification — Article 86 of the Treaty (now
Article 82 EC) — Undertaking or group of undertakings —
Articles 52 and 59 of the EC Treaty (now, after amendment,
Articles 43 and 49 EC) — Applicability — Restrictions —
Justification)

2. A national regulation such as the 1993 Regulation adopted by
a body such as the Bar of the Netherlands does not infringe
Article 85(1) of the Treaty, since that body could reasonably
have considered that that regulation, despite effects restrictive of
competition, that are inherent in it, is necessary for the proper
practice of the legal profession, as organised in the Member
State concerned.

3. A body such as the Bar of the Netherlands does not constitute
either an undertaking or a group of undertakings for the
purposes of Article 86 of the Treaty (now Article 82 EC).

4.

It is not contrary to Articles 52 and 59 of the Treaty (now,
after amendment, Articles 43 and 49 EC) for a national
regulation such as the 1993 Regulation to prohibit any multi-
disciplinary partnerships between members of the Bar and
accountants, since that regulation could reasonably be con-
sidered to be necessary for the proper practice of the legal
profession, as organised in the country concerned.

(1) OJ C 299 of 16.10.1999.

(2002/C 109/05)

(Language of the case: Dutch)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

JUDGMENT OF THE COURT

(Sixth Chamber)

7 March 2002

In Case C-309/99: Reference to the Court under Article 234
EC by the Raad van State for a preliminary ruling in the
proceedings pending before that court between J.C.J. Wouters,
J.W. Savelbergh, Price Waterhouse Belastingadviseurs BV and
Algemene Raad van de Nederlandse Orde van Advocaten,
intervener: Raad van de Balies van de Europese Gemeenschap,
on the interpretation of Articles 3(g) of the EC Treaty (now,
after amendment, Article 3(1)(g) EC), 5 of the EC Treaty (now
Article 10 EC), 52 and 59 of the EC Treaty (now, after
amendment, Articles 43 and 49 EC), and 85, 86 and 90 of the
EC Treaty (now Articles 81 EC, 82 EC and 86 EC), the Court,
Jann,
composed of: G.C. Rodrı´guez Iglesias, President, P.
F. Macken, N. Colneric, and S. von Bahr (Presidents of
Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola,
J.-P. Puissochet, M. Wathelet
(Rapporteur), R. Schintgen,
V. Skouris and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate
General; H. von Holstein, Registrar; Deputy Registrar, has
given a judgment on 19 February 2002, in which it has ruled:

in Case C-310/99: Italian Republic v Commission of the
European Communities (1)

(State aid — Guidelines on aid to employment — Measures
intended to promote youth employment and convert fixed-
term contracts into open-ended ones — Reduction of social
security contributions)

(2002/C 109/06)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

1. A regulation concerning partnerships between members of the
Bar and other professionals, such as the Samenwerkingsveror-
dening 1993 (1993 regulation on joint professional activity),
adopted by a body such as the Nederlandse Orde van Advocaten
(the Bar of the Netherlands), is to be treated as a decision
adopted by an association of undertakings within the meaning
of Article 85(1) of the Treaty (now Article 81 EC).

In Case C-310/99, Italian Republic (Agent: U. Leanza, assisted
by O. Fiumara) v Commission of the European Communities
(Agents: initially G. Rozet and P. Stancanelli, and, subsequently,
G. Rozet and V. Di Bucci): Application for annulment of
Commission Decision 2000/128/EC of 11 May 1999 concern-
ing aid granted by Italy to promote employment (OJ 2000
L 42, p. 1) the Court (Sixth Chamber), composed of: N. Colneric

4.5.2002

EN

Official Journal of the European Communities

C 109/5

(Rapporteur), President of the Second Chamber, acting for the
President of the Chamber, C. Gulmann, R. Schintgen, V. Skou-
ris and J.N. Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 7 March 1999, in which it:

1. Dismisses the application;

Salzburg, on the interpretation of Articles 56 EC to 60 EC, the
Court (Sixth Chamber), composed of: N. Colneric, President of
the Second Chamber, acting for the President of the Sixth
Chamber, C. Gulmann,
(Rapporteur),
J.-P.
R. Schintgen and V. Skouris, Judges; L.A. Geelhoed, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 5 March 2002, in which it has ruled:

Puissochet

2. Orders the Italian Republic to pay the costs.

Articles 56 EC to 60 EC:

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Sixth Chamber)

5 March 2002

in Cases C-515/99, C-519/99 to C-524/99 and C-526/99 to
C-540/99 (Reference for a preliminary ruling from the
Unabhängiger Verwaltungssenat Salzburg): Hans Reisch
e.a. v Bürgermeister der Landeshauptstadt Salzburg,
Grundverkehrsbeauftragter des Landes Salzburg, Grund-
verkehrslandeskommission des Landes Salzburg (1)

(Free movement of capital — Article 56 EC — Prior
notification and authorisation procedure for the acquisition
of building plots — Absence of purely internal situation)

(2002/C 109/07)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

— do not preclude a prior notification procedure such as that laid
down by the scheme for the acquisition of land established by
the Salzburger Grundverkehrsgesetz 1997;

— preclude a prior authorisation procedure such as that laid down

by that scheme.

(1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

27 February 2002

in Case C-6/00 (Reference for a preliminary ruling from
the Verwaltungsgerichtshof): Abfall Service AG (ASA) v
Bundesminister für Umwelt, Jugend und Familie (1)

(Environment — Waste — Regulation (EEC) No 259/93 on
shipments of waste — Competence of the authority of
dispatch to scrutinise the classification of the purpose of a
shipment (recovery or disposal) and to object to a shipment
on the ground of an incorrect classification — Directive
75/442/EEC on waste — Classification of deposit of waste
in a disused mine)

(2002/C 109/08)

(Language of the case: German)

In Joined Cases C-515/99, C-519/99 to C-524/99 and
C-526/99 to C-540/99: Reference to the Court under
Article 234 EC by the Unabhängiger Verwaltungssenat Salz-
burg (Austria) for a preliminary ruling in the proceedings
pending before that court between Hans Reisch (C-515/99),
Walter Riedl
(C-528/99),
(C-527/99), Alexander Hacker
Gerhard Eckert (C-529/99), Franz Gstöttenbauer (C-530/99),
Helmut Hechwarter (C-531/99), Alois Bixner (C-532/99), Geza
Aumüller (C-533/99), Berthold Garstenauer (C-534/99 and
C-536/99), Robert Eder
(C-535/99), Hartmut Ramsauer
(C-537/99 and C-538/99), Harald Kronberger (C-539/99),
Erich Morianz (C-540/99) and Bürgermeister der Landes-
hauptstadt Salzburg, Grundverkehrsbeauftragter des Landes

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-6/00: Reference to the Court under Article 234 EC
by the Verwaltungsgerichtshof
(Austria) for a preliminary
ruling in the proceedings pending before that court between
Abfall Service AG (ASA) and Bundesminister für Umwelt,
Jugend und Familie, on the interpretation of Council Regu-
lation (EEC) No 259/93 of 1 February 1993 on the supervision
and control of shipments of waste within, into and out of the