CELEX: C2000/273/01
Language: en
Date: 2000-09-23 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 8 June 2000 in Case C-258/98 (reference for a preliminary ruling from the Pretore di Firenze): criminal proceedings against Giovanni Carra and Others (Dominant position — Public undertakings — Placement of workforce — Statutory monopoly)

23.9.2000               EN                      Official Journal of the European Communities                                                C 273/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       Public placement offices are subject to the prohibition contained in
                                                                             Article 86 of the Treaty, so long as the application of that provision
                                                                             does not obstruct the particular task conferred on them. A Member
                        (Fourth Chamber)                                     State which prohibits any activity as intermediary between supply
                                                                             and demand on the employment market, unless it is carried on by
                           of 8 June 2000                                    those offices, is in breach of Article 90(1) of the Treaty where it
                                                                             creates a situation in which those offices cannot avoid infringing
                                                                             Article 86 of the Treaty. That is the case, in particular, in the
in Case C-258/98 (reference for a preliminary ruling from                    following circumstances:
the Pretore di Firenze): criminal proceedings against
                 Giovanni Carra and Others (1)
                                                                             —     the public placement offices are manifestly unable to satisfy
                                                                                   demand on the market for all types of activity; and
(Dominant position — Public undertakings — Placement of
               workforce — Statutory monopoly)
                                                                             —     the actual placement of employees by private companies is
                          (2000/C 273/01)                                          rendered impossible by the maintenance in force of statutory
                                                                                   provisions under which such activities are prohibited and
                                                                                   non-observance of that prohibition gives rise to penal and
                                                                                   administrative sanctions; and
                    (Language of the case: Italian)
                                                                             —     the placement activities in question could extend to the nationals
                                                                                   or to the territory of other Member States.
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                             A national court which is called upon, within the limits of its
In Case C-258/98: reference to the Court under Article 177 of                jurisdiction, to apply provisions of Community law is under a duty to
the EC Treaty (now Article 234 EC) from the Pretore di Firenze,              give full effect to those provisions, if necessary refusing of its own
Italy, for a preliminary ruling in the criminal proceedings                  motion to apply any conflicting provision of national legislation, even
before that court against Giovanni Carra and Others — on the                 if adopted subsequently, and it is not necessary for the court to request
interpretation of Articles 86 and 90 of the EC Treaty (now                   or await the prior setting aside of such provisions by legislative or
Articles 82 EC and 86 EC) — the Court (Fourth Chamber),                      other constitutional means.
composed of: D. A. O. Edward, President of the Chamber,
P. J. G. Kapteyn (Rapporteur) and H. Ragnemalm, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Ad-
ministrator, for the Registrar, has given a judgment on 8 June
2000, in which it has ruled:                                                 (1) OJ C 299 of 26.9.1998.
Even within the framework of Article 90 of the EC Treaty (now
Article 86 EC), Article 86 of the EC Treaty (now Article 82 EC) has
direct effect and confers on individuals rights which the national
courts must protect.