CELEX: C2002/109/05
Language: en
Date: 2002-05-04 00:00:00
Title: 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)

C 109/4                  EN                     Official Journal of the European Communities                                             4.5.2002
                  JUDGMENT OF THE COURT                                    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
                          19 February 2002                                       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
in Case C-309/99 (Reference for a preliminary ruling from                        State concerned.
the Raad van State): J.C.J. Wouters, J.W. Savelbergh, Price
Waterhouse Belastingadviseurs BV v Algemene Raad van                       3.    A body such as the Bar of the Netherlands does not constitute
           de Nederlandse Orde van Advocaten (1)                                 either an undertaking or a group of undertakings for the
                                                                                 purposes of Article 86 of the Treaty (now Article 82 EC).
(Professional body — National Bar — Regulation by the Bar                  4.    It is not contrary to Articles 52 and 59 of the Treaty (now,
of the exercise of the profession — Prohibition of multi-                        after amendment, Articles 43 and 49 EC) for a national
disciplinary partnerships between members of the Bar and                         regulation such as the 1993 Regulation to prohibit any multi-
accountants — Article 85 of the EC Treaty (now Article 81                        disciplinary partnerships between members of the Bar and
EC) — Association of undertakings — Restriction of compe-                        accountants, since that regulation could reasonably be con-
tition — Justification — Article 86 of the Treaty (now                           sidered to be necessary for the proper practice of the legal
Article 82 EC) — Undertaking or group of undertakings —                          profession, as organised in the country concerned.
Articles 52 and 59 of the EC Treaty (now, after amendment,
Articles 43 and 49 EC) — Applicability — Restrictions —
                             Justification)                                (1) OJ C 299 of 16.10.1999.
                           (2002/C 109/05)
                     (Language of the case: Dutch)
                                                                                             JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                   (Sixth Chamber)
                                                                                                       7 March 2002
In Case C-309/99: Reference to the Court under Article 234                 in Case C-310/99: Italian Republic v Commission of the
EC by the Raad van State for a preliminary ruling in the                                       European Communities (1)
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,                       (State aid — Guidelines on aid to employment — Measures
intervener: Raad van de Balies van de Europese Gemeenschap,                intended to promote youth employment and convert fixed-
on the interpretation of Articles 3(g) of the EC Treaty (now,              term contracts into open-ended ones — Reduction of social
after amendment, Article 3(1)(g) EC), 5 of the EC Treaty (now                                     security contributions)
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,                                           (2002/C 109/06)
composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,
F. Macken, N. Colneric, and S. von Bahr (Presidents of                                          (Language of the case: Italian)
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            (Provisional translation; the definitive translation will be published
General; H. von Holstein, Registrar; Deputy Registrar, has                                     in the European Court Reports)
given a judgment on 19 February 2002, in which it has ruled:
1.    A regulation concerning partnerships between members of the          In Case C-310/99, Italian Republic (Agent: U. Leanza, assisted
      Bar and other professionals, such as the Samenwerkingsveror-         by O. Fiumara) v Commission of the European Communities
      dening 1993 (1993 regulation on joint professional activity),        (Agents: initially G. Rozet and P. Stancanelli, and, subsequently,
      adopted by a body such as the Nederlandse Orde van Advocaten         G. Rozet and V. Di Bucci): Application for annulment of
      (the Bar of the Netherlands), is to be treated as a decision         Commission Decision 2000/128/EC of 11 May 1999 concern-
      adopted by an association of undertakings within the meaning         ing aid granted by Italy to promote employment (OJ 2000
      of Article 85(1) of the Treaty (now Article 81 EC).                  L 42, p. 1) the Court (Sixth Chamber), composed of: N. Colneric