CELEX: C1998/358/08
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 1 October 1998 in Case C-38/97 (reference for a preliminary ruling from the Giudice di Pace di Genova): Autotrasporti Librandi Snc di Librandi F. & C. v. Cuttica Spedizioni e Servizi Internazionali Srl (Competition - Road transport - Mandatory tariff - State legislation - Concepts of general interest and public interest)

C 358/4               EN                  Official Journal of the European Communities                                     21.11.98
Registrar, gave a judgment on 1 October 1998, the                         hire, provided that the tariffs are fixed with due
operative part of which is at follows:                                    regard for the public-interest criteria defined by Law
                                                                          No 298 and the public authorities do not hand over
                                                                          their prerogatives to private economic agents in taking
1. The application is dismissed;                                          into account, before the approval of proposals, of the
                                                                          observations of other public and private bodies and
                                                                          even by fixing tariffs ex officio.
2. The Italian Republic is ordered to pay the costs.
(1) OJ C 294, 5.10.1996.                                             2. The concept of general interest to which the Court
                                                                          referred in its judgments in Case C-185/91 Reiff
                                                                          and in Case C-153/93 Delta Schiffahrts- und
                                                                          Speditionsgesellschaft corresponds to the concept of
                                                                          public interest mentioned in its judgment in Case
                                                                          C-96/94 Centro Servizi Spediporto.
               JUDGMENT OF THE COURT
                                                                     3. It is for the Member States to determine the specific
                      (Second Chamber)                                    criteria to be used in fixing tariffs, such as those in
                      of 1 October 1998                                   force under Italian law, and for the national courts to
                                                                          determine whether the criteria thus defined are
in Case C-38/97 (reference for a preliminary ruling from                  respected in practice.
the Giudice di Pace di Genova): Autotrasporti Librandi
Snc di Librandi F. & C. v. Cuttica Spedizioni e Servizi
                     Internazionali Srl (1)                          4. The fact that collective agreements such as those
                                                                          provided for in Article 13 of the Ministerial Decree of
(Competition Ð Road transport Ð Mandatory tariff Ð
                                                                          18 November 1982 can be concluded and that they
State legislation Ð Concepts of general interest and public
                                                                          are even enforceable under national law against
                           interest)
                                                                          operators who have not signed them does not have the
                        (98/C 358/08)                                     effect of restricting competition within the meaning of
                                                                          Article 85 of the Treaty.
                (Language of the case: Italian)
                                                                     (1) OJ C 94, 22.3.1997.
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
In Case C-38/97: reference to the Court under Article 177
of the EC Treaty from the Giudice di Pace di Genova                                 JUDGMENT OF THE COURT
(Magistrate's Court, Genoa) (Italy), for a preliminary                                        (Sixth Chamber)
ruling in the proceedings pending before that court
between Autotrasporti Librandi Snc di Librandi F. & C.                                      of 1 October 1998
and Cuttica Spedizioni e Servizi Internazionali Srl Ð on                    in Case C-71/97: Commission of the European
the interpretation of Article 3(f) and (g), and Articles 5, 85                    Communities v. Kingdom of Spain (1)
and 86 of the EC Treaty and of the concepts of general
interest' and collective agreement' Ð the Court (Second             (Failure by a Member State to fulfil its obligations Ð
Chamber), composed of: R. Schintgen (Rapporteur),                                    Failure to transpose a directive)
President of the Chamber, G. F. Mancini and G.
                                                                                               (98/C 358/09)
Hirsch, Judges; S. Alber, Advocate-General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
1 October 1998, in which it has ruled:
                                                                                     (Language of the case: Spanish)
1. Article 3(f) and (g), and Articles 5, 85, 86 and 90 of
     the EC Treaty do not preclude legislation of a Member             (Provisional translation; the definitive translation will be
     State which provides for road-haulage tariffs to be                       published in the European Court Reports)
     approved and brought into force by the State on the
     basis of proposals of a central committee the majority
     of whose members are representatives of the economic            In Case C-71/97: Commission of the European
     agents concerned and which extends the mandatory                Communities (Agent: Fernando Castillo de la Torre) v.
     tariffs applicable in the field of contracts for the            Kingdom of Spain (Agent: Santiago Ortiz Vaamonde) Ð
     carriage of goods by road to other types of contracts,          application for a declaration that, first, by failing to
     relating to different services, such as, in particular,         designate the zones considered to be vulnerable and to
     contracts under invitations to tender and contracts for         notify the Commission of those designations and, second,