CELEX: C1999/246/22
Language: en
Date: 1999-08-28 00:00:00
Title: Case C-221/99: Reference for a preliminary ruling by the Ufficio del Giudice di Pace di Genova (Magistrate's Court, Genoa) by order of that court of 6 May 1999 in the case of Giuseppe Conte against Stefania Rossi

28.8.1999               EN                      Official Journal of the European Communities                                       C 246/11
Reference for a preliminary ruling from the Tampereen                          (a) the final measure of the public authorities is essentially
Käräjäoikeus by order of that court of 1 June 1999 in the                           an act confirming the independently expressed will of
case of Neste Markkinointi Oy v Yötuuli Ky, Eija Ritamäki,                          the national councils of the associations concerned; or
             Anna-Kaisa Jukkola and Jari Jukkola
                          (Case C-214/99)                                      (b) the final measures of the public authorities essentially
                                                                                    delegate to the members of the associations concerned
                                                                                    the power to set the fee scale at their own discretion,
                          (1999/C 246/21)                                           even after the professional services requested of them
                                                                                    have been performed; or
Reference has been made to the Court of Justice of the
European Communities by an order of the Tampereen Kärä-
jäoikeus (Tampere District Court), Finland, of 1 June 1999,                    (c) the final measures of the public authorities do not
which was received at the Court Registry on 7 June 1999, for                        contain any indication of being in the public interest
a preliminary ruling in the case of Neste Markkinointi Oy v                         or any upper and longer limits with which the fee scale
Yötuuli Ky, Eija Ritamäki, Anna-Kaisa Jukkola and Jari Jukkola                      set at the practitioner’s discretion must comply; or
on the following question:
Is the prohibition referred to in Article 85(1) of the EC Treaty               (d) the final measures of the public authorities do not
applicable to an exclusive purchasing agreement concluded by                        require professionals to communicate in advance
a supplier of goods, which could be terminated by the retailer                      and/or publicise in any other way the fee scales which
at any time on one year’s notice, if all the exclusive purchasing                   they intend to apply for the services requested of them?
agreements concluded by that supplier have had a significant
influence on the partitioning of the market, either on their               3. Are the combined provisions of Articles 5 and 85 of the
own or together with the network of exclusive purchasing                       Treaty compatible with national legislation which, without
agreements concluded by all suppliers, but the agreements of                   requiring public interest considerations to be taken into
similar duration to the exclusive purchasing agreement in                      account, confers on a fee committee set up by the
question represent only a very small proportion of all the                     association council and composed solely of association
exclusive purchasing agreements of the same supplier, the                      members the power to adopt a discretionary measure
majority of which are fixed-term agreements which have been                    settling the fee, even where it confirms the fee set by the
concluded for a period of several years?                                       member at his own discretion, the force of which is such
                                                                               as to bind the court to make an order for payment in
                                                                               accordance with the measure adopted by the council itself
                                                                               settling the fee?
Reference for a preliminary ruling by the Ufficio del
Giudice di Pace di Genova (Magistrate’s Court, Genoa) by
order of that court of 6 May 1999 in the case of Giuseppe                  Reference for a preliminary ruling by the Corte d’Appello
                  Conte against Stefania Rossi                             di Roma, First Civil Division, by order of that court of 12
                                                                           May 1999 in the case of Ministero delle Finanze and
                          (Case C-221/99)                                                            C.A.S.E.R. SpA
                          (1999/C 246/22)                                                           (Case C-222/99)
Reference has been made to the Court of Justice of the                                              (1999/C 246/23)
European Communities by order of the Ufficio del Giudice di
Pace di Genova (Magistrate’s Court, Genoa) of 6 May 1999,
received at the Court Registry on 9 June 1999, for a preliminary           Reference has been made to the Court of Justice of the
ruling in the case of Giuseppe Conte v Stefania Rossi on the               European Communities by an order of the First Civil Division
following questions:                                                       of the Corte d’Appello di Roma (Rome Court of Appeal) of 12
                                                                           May 1999, which was received at the Court Registry on 10
1. Is the concept of an ‘undertaking’ set out in the decisions             June 1999, for a preliminary ruling in the case of Ministero
     of the Commission and the case-law of the Court of Justice            delle Finanze and C.A.S.E.R. SpA, on the following questions:
     applicable to those carrying on a professional activity as
     architects and, if so, are architects’ professional associations
     to be regarded as ‘associations of undertakings’ within the           For the purposes of an action brought by a company before
     meaning of Article 85(1) of the Treaty?                               the Italian courts for the reimbursement of the tassa di
                                                                           concessione governativa (administrative charge) paid from 1985
2. Are the combined provisions of Articles 5 and 85 of the                 to 1992 under laws conflicting with Article 10 of Council
     Treaty compatible with a national rule which simply gives             Directive 69/335/EEC(1) of 17 July 1969 concerning indirect
     a fee scale drawn up and determined by the national                   taxes on the raising of capital (see the judgment of 20 April
     associations of engineers and architects the force of law             1993 in Joined Cases C-71/91 and C-178/91)(2),
     where:                                                                may Article 11(1) of Law No 448 of 23 December 1998 which