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CJEU, 7th chamber, May 5, 2008, No C-386/07

COURT OF JUSTICE OF THE EUROPEAN UNION

Order

PARTIES

Demandeur :

Hospital Consulting Srl, ATI HC, Kodak SpA, Tecnologie Sanitarie SpA / Esaote SpA

Défendeur :

ATI, Ital Tbs Telematic & Biomedical Service SpA, Draeger Medica Italia SpA, Officina Biomedica Divisione Servizi SpA, Esaote SpA

CJEU n° C-386/07

5 mai 2008

Articles 10 EC and 81 EC do not preclude a national law which in principle prohibits derogation from minimum fees approved by ministerial decree, on the basis of a draft drawn up by a professional body of members of the Bar such as the Consiglia nazionale forense, and which also prohibits the judge, when he decides the amount of costs that the unsuccessful party must pay to the other party, from derogating from those minimum fees.

 

The third question referred by the Consiglio di Stato by decision of 13 January 2006 is clearly inadmissible.