Luxembourg, 19/02/2002 (Agence Europe) - In an Arduino ruling, the European Court of Justice considers that the Italian procedure which consists in the approval by the Government of a draft scale of fees payable to members of the Bar - proposed by the National Council - is compatible with the provisions of the Treaty.
"The Court has pointed out that the fact that a Member State entrusts a professional organisation with the production of a draft tariff for services does not automatically divest the tariff finally adopted of the character of legislation and therefore does not necessarily bring it within the scope of competition law. As regard to the Italian situation, the Court has noted that the CNF (National Council of Barristers: Ed) must present every two years a draft tariff for fees payable to members of the Bar, including minimum and maximum limits but does not have to concern itself with the public interest or, in particular, the interest of persons who use the services of members of the Bar", the press release points out.
The Court does, however, consider that the Italian State has not waived its power of review or decision in respect of the tariff. Indeed, the draft is not compulsory, the Minister has the power to have it amended and is assisted by two public bodies, and the court enjoys discretion in implementing the tariff. In those circumstances, the provision retains the character of legislation and there is no delegation to private economic operators.
Manuele Arduino, convicted by an Italian court of a breach of road traffic legislation, had had to pay the other party's legal fees. Since the Pretore de Pincerolo did not apply the tariff corresponding to the scale of fees laid down in Italy in respect of the services of members of the Bar, the Italian Court of Cassation held that this decision was unlawful and referred the case back to the Court on this point.
Judge Pinerolo had questioned the Court of Justice as to whether "the legal provisions on the determination of the scale of fees and emoluments payable to members of the Bar are compatible with Community competition law". In Italy, the tariffs fixing minimum and maximum limits for remuneration of members of the Bar are proposed by the CNF, made up of elected members of the Bar, and must be approved by the Minister of Justice who, after consulting the Interministerial Committee on Prices, adopts a ministerial decree. The tariff approved by the Minister is based on criteria relating to the monetary value of the disputes, the level of the court seized and, in criminal matters, the duration of the proceedings.
EUROPE points out that the Italian Government claimed that this case had been a "set up" from the start top provide judge Pinerolo the opportunity to rule on an issue that is the subject of controversy in Italy.