CELEX: C2002/109/02
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court 19 February 2002 in Case C-35/99 (Reference for a preliminary ruling from the Pretore di Pinerolo): Manuele Arduino (Compulsory tariff for fees of members of the Bar — Decision of the National Council of the Bar — Approval by the Minister for Justice — Articles 5 and 85 of the EC Treaty (now Articles 10 EC and 81 EC)

4.5.2002                EN                      Official Journal of the European Communities                                              C 109/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Orders Nea Energeiaki Technologia EPE to pay to the
                                                                                   Commission of the European Communities, first, the sum of
                                                                                   GRD 9 498 551 resulting from the agreement concluded
                        (Second Chamber)                                           between Nea Energeiaki Technologia EPE and the Commission
                                                                                   on 27 March 1990, namely the principal sum of
                         21 February 2002                                          GRD 9 257 051 plus GRD 241 500 in respect of bank
                                                                                   interest, and, second, interest on the principal amount due,
                                                                                   calculated on the basis of the European Investment Bank rate
in Case C-416/98: Commission of the European Communi-                              applicable on 15 July 1985 for the period from 27 March
          ties v Nea Energeiaki Technologia EPE (1)                                1990 to 10 December 1998 and on the basis of the statutory
                                                                                   rate under Greek law for the period from 11 December 1998,
                                                                                   the date of service of the application on Nea Energeiaki
(Article 181 of the EC Treaty (now Article 238 EC) —                               Technologia EPE, until total discharge by the latter of its debt;
Arbitration clause — Reimbursement of advance payments
made under a contract terminated by the Commission for                       2.    Orders Nea Energeiaki Technologia EPE to pay the costs.
                         non-performance)
                                                                             (1) OJ C 20 of 23.1.1999.
                          (2002/C 109/01)
                    (Language of the case: Greek)
                                                                                               JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                     19 February 2002
                                                                             in Case C-35/99 (Reference for a preliminary ruling from
                                                                                     the Pretore di Pinerolo): Manuele Arduino (1)
In Case C-416/98, Commission of the European Communities
(Agents: R.B. Wainwright and O. Couvert-Castéra, assisted by                 (Compulsory tariff for fees of members of the Bar —
M. Bra, avocat, and K. Kapoutzidou, dikigoros) v Nea Energeiaki              Decision of the National Council of the Bar — Approval by
Technologia EPE, established in Athens (Greece) (Agent:                      the Minister for Justice — Articles 5 and 85 of the EC Treaty
G. Papacharalampous, dikigoros): Application by the Com-                                      (now Articles 10 EC and 81 EC)
mission under Article 181 of the EC Treaty (now Article 238
EC) for repayment of an advance granted by it to the defendant                                          (2002/C 109/02)
in relation to a contract concerning the implementation, and
practical demonstration, of a pilot programme for wind-                                           (Language of the case: Italian)
generated energy entitled ‘Kea Island’, which provided for the
setting-up of a wind energy converter on a Greek island, the                 (Provisional translation; the definitive translation will be published
Court (Second Chamber), composed of: N. Colneric, President                                      in the European Court Reports)
of the Chamber, V. Skouris (Rapporteur) and J.N. Cunha
Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on                    In Case C-35/99: Reference to the Court under Article 177 of
21 February 2002, in which it:                                               the EC Treaty (now Article 234 EC) by the Pretore di Pinerolo
 ---pagebreak--- C 109/2                 EN                      Official Journal of the European Communities                                            4.5.2002
(Italy) for a preliminary ruling in the criminal proceedings               U. Leanza, assisted by F. Quadri): Application for a declaration
before that court against Manuele Arduino, third parties: Diego            that:
Dessi, Giovanni Bertolotto, and Compagnia Assicuratrice RAS
SpA, on the interpretation of Article 85 of the EC Treaty (now
Article 81 EC), the Court, composed of: G.C. Rodrı́guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von            —     by maintaining, contrary to Article 59 of the EC Treaty
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,                        (now, after amendment, Article 49 EC), the general
A. La Pergola, J.-P. Puissochet, M. Wathelet (Rapporteur),                       prohibition whereby lawyers established in other Member
R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;                       States and practising in Italy in the exercise of their
P. Léger, Advocate General; H.A. Rühl, Principal Administrator,                  freedom to provide services cannot have in that State the
Registrar, has given a judgment on 19 February 2002, in                          infrastructure needed to provide their services,
which it has ruled:
Articles 5 and 85 of the EC Treaty (now Articles 10 EC and 81 EC)          —     by making enrolment at the Italian Bar conditional upon
do not preclude a Member State from adopting a law or regulation                 the possession of Italian nationality, the possession of
which approves, on the basis of a draft produced by a professional               qualifications acquired only in Italy and maintenance of a
body of members of the Bar, a tariff fixing minimum and maximum                  residence in an Italian judicial district, contrary to
fees for members of the profession, where that State measure forms               Article 52 of the EC Treaty (now, after amendment,
part of a procedure such as that laid down in Royal Decree-Law                   Article 43 EC),
No 1578 of 27 November 1933, as amended.
                                                                           —     by applying in a discriminatory manner against lawyers
(1) OJ C 100 of 10.4.1999.                                                       from other Member States the ‘compensatory measures’
                                                                                 (aptitude test) provided for in Article 4 of Council
                                                                                 Directive 89/48/EEC of 21 December 1988 on a general
                                                                                 system for the recognition of higher-education diplomas
                                                                                 awarded on completion of professional education and
                                                                                 training of at least three years’ duration (OJ 1989 L 19,
                                                                                 p. 16), and
                 JUDGMENT OF THE COURT                                     —     by incompletely transposing Directive 89/48, inasmuch
                                                                                 as no rules have been laid down regulating the conduct
                                                                                 of the aptitude test for lawyers from other Member States,
                          (Fifth Chamber)                                        the Italian Republic has failed to fulfil its obligations
                                                                                 under Articles 52 and 59 of the Treaty and Directive
                                                                                 89/48,
                           7 March 2002
in Case C-145/99: Commission of the European Communi-                      the Court (Fifth Chamber), C. Stix-Hackl, Advocate General;
                     ties v Italian Republic (1)                           L. Hewlett, Administrator, for the Registrar, has given a
                                                                           judgment on 7 March 2002, in which it:
(Failure by a Member State to fulfil its obligations —
Articles 52 and 59 of the EC Treaty (now, after amendment,
Articles 43 EC and 49 EC) — Directive 89/48/EEC —
       Access to and practice of the profession of lawyer)                 1.    Declares that:
                          (2002/C 109/03)
                                                                                 —     by maintaining, contrary to Article 59 of the EC Treaty
                                                                                       (now, after amendment, Article 49 EC), the general
                    (Language of the case: Italian)                                    prohibition whereby lawyers established in other Member
                                                                                       States and practising in Italy in the exercise of their
                                                                                       freedom to provide services cannot have in that State the
(Provisional translation; the definitive translation will be published                 infrastructure needed to provide their services,
                   in the European Court Reports)
                                                                                 —     by requiring members of the Bar to reside in the judicial
                                                                                       district of the court to which the Bar at which they are
In Case C-145/99, Commission of the European Communities                               enrolled is attached, contrary to Article 52 of the EC
(Agents: E. Traversa and B. Mongin) v Italian Republic (Agent:                         Treaty (now, after amendment, Article 43 EC), and