Case C-297/04: Reference for a preliminary ruling by the Giudice di Pace di Bitonto by order of that court of 30 June 2004 in the case of Nicolò Tricarico against Assitalia Assicurazioni SpA
Date: 2004-10-09
Institutions: Court of Justice
Subjects: competition law, damage, exchange of information, indemnification, insurance company, interpretation of the law, motor vehicle insurance, restriction on competition, restrictive trade practice

C 251/4

EN

Official Journal of the European Union

9.10.2004

2. Is Article 81 of the EC Treaty to be interpreted as meaning
that it entitles third parties who have a relevant legal interest
to rely on the invalidity of an agreement or practice prohib-
ited by that Community provision and claim damages for
the harm suffered where there is a causal relationship
between the agreement or concerted practice and the harm?

3. Is Article 81 of the Treaty to be interpreted as meaning that
for the purposes of the limitation period for bringing an
action for damages based thereon, time begins to run from
the day on which the agreement or concerted practice was
adopted or the day on which the agreement or concerted
practice came to an end?

4. Is Article 81 of the Treaty to be interpreted as meaning that
where the national court sees that the damages that can be
awarded on the basis of national law are lower than the
economic advantage gained by the infringing party to the
prohibited agreement or concerted practice, should also
award of its own motion punitive damages to the injured
third party in order to make the compensable amount
higher than the advantage gained by the infringing party
and deter the adoption of agreements or concerted practices
prohibited under Article 81 of the Treaty?

Reference for a preliminary ruling by the Giudice di Pace
di Bitonto by order of that court of 30 June 2004 in the
case of Nicolò Tricarico against Assitalia Assicurazioni
SpA

(Case C-297/04)

(2004/C 251/07)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Giudice di Pace di Bitonto
(Magistrates' Court, Bitonto, Italy) of 30 June 2004, received at
the Court Registry on 13 July 2004, for a preliminary ruling in
the case of Nicolò Tricarico against Assitalia Assicurazioni SpA
on the following questions:

1. Is Article 81 of the Treaty to be interpreted as meaning that
it renders void an agreement or concerted practice between
insurance companies consisting of a mutual exchange of
information which makes it possible to increase RC auto
insurance policy premiums which are not
justified by
market conditions, including in view of the fact that under-
takings from several Member States took part in the agree-
ment or concerted practice?

2. Is Article 81 of the EC Treaty to be interpreted as meaning
that it entitles third parties who have a relevant legal interest
to rely on the invalidity of an agreement or practice prohib-
ited by that Community provision and claim damages for

the harm suffered where there is a causal relationship
between the agreement or concerted practice and the harm?

3. Is Article 81 of the Treaty to be interpreted as meaning that
for the purposes of the limitation period for bringing an
action for damages based thereon, time begins to run from
the day on which the agreement or concerted practice was
adopted or the day on which the agreement or concerted
practice came to an end?

4. Is Article 81 of the Treaty to be interpreted as meaning that
where the national court sees that the damages that can be
awarded on the basis of national
law are lower than the
economic advantage gained by the infringing party to the
prohibited agreement or concerted practice, should also
award of its own motion punitive damages to the injured
third party in order to make the compensable amount
higher than the advantage gained by the infringing party
and deter the adoption of agreements or concerted practices
prohibited under Article 81 of the Treaty?

Reference for a preliminary ruling by the Giudice di Pace
di Bitonto by order of that court of 30 June 2004 in the
case of Pasqualina Murgolo against Assitalia Assicurazioni
SpA

(Case C-298/04)

(2004/C 251/08)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Giudice di Pace di Bitonto
(Magistrates' Court, Bitonto, Italy) of 30 June 2004, received at
the Court Registry on 13 July 2004, for a preliminary ruling in
the case of Pasqualina Murgolo against Assitalia Assicurazioni
SpA on the following questions:

1. Is Article 81 of the Treaty to be interpreted as meaning that
it renders void an agreement or concerted practice between
insurance companies consisting of a mutual exchange of
information which makes it possible to increase RC auto
insurance policy premiums which are not
justified by
market conditions, including in view of the fact that under-
takings from several Member States took part in the agree-
ment or concerted practice?

2. Is Article 81 of the EC Treaty to be interpreted as meaning
that it precludes the application of a national provision
similar to that in Article 33 of Italian Law 287/90 under
which a claim for damages for infringement of Community
and national provisions for anti-competitive agreements
must be made also by third parties before a court other
than that which usually has jurisdiction for claims of similar
value, thus involving a considerable increase in costs and
time?