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 (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 competition — 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)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: inter-company cooperation, interpretation of the law, restriction on competition

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