Case C- 136/12 Consiglio Nazionale dei Geologi and Autorità Garante della Concorrenza e del Mercato [Archived]
Case C- 136/12 Consiglio Nazionale dei Geologi and Autorità Garante della Concorrenza e del Mercato [Archived]

The following Competition guidance note provides comprehensive and up to date legal information covering:

  • Case C- 136/12 Consiglio Nazionale dei Geologi and Autorità Garante della Concorrenza e del Mercato [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 18 July 2013; it is no longer maintained.

See further: timeline, commentary and related/relevant cases

Case facts

Outline National reference from the Italian Consiglio di Stato to the Court of Justice requesting a preliminary ruling under Article 267 TFEU seeking to clarify (amongst other things and insofar as it relates to competition law issues) whether a provision in a professional body's code of conduct (stipulating minimum fees for professionals’ services) falls foul of Article 101(1) TFEU.

On 18 July 2013, the Court of Justice ruled that rules such as those laid down in the code of conduct (concerning the profession of geologist in Italy) constitute a decision by an 'association of undertakings' within the meaning of Article 101(1) TFEU but that it is for the national court to assess, in the light of the overall context in which the code of conduct produces its effect, whether that effect is produced in the case in question.

This matter provides clarifications regarding the concept of an 'association of undertakings' within the meaning of Article 101(1) TFEU and whether otherwise restrictive arrangements imposed by professional associations on behalf of its members are compatible