Italy: The European Court Of Justice On Italian Minimum Haulage Tariffs

The current Italian legislation which states that the cost of road haulage services on behalf of third parties cannot be less that 'minimum costs' established by a body composed mainly of representatives of interested business operators, goes against European competition legislation and therefore should no longer be applied.

This is the conclusion which the fifth session of the European Court of Justice came to on 4th September 2014 (unified cases from C 184/13 to C 187/13, C 194/13, C 195/13 and C 208/13), as a result of the request for preliminary ruling set out by the Italian Administrative Court in January 2013.

The case originated from a series of complaints lodged before the Italian administrative judge calling for the annulment of acts by which the Osservatorio determined the minimum costs for road haulage activities according to Article 83-bis of Law Decree no. 112/2008. At the material time, in fact, the Osservatorio sulle attività di autotrasporto (a body composed of representatives of the State, haulage associations and associations of customers of transport services) was charged with fixing minimum costs in the event that no agreement was concluded.

After the initial opening up to a competitive system, the Italian supervision of road haulage services, which came under scrutiny from the Luxembourg judges, has become more rigid in recent years.

First, the legislative decree n. 286/2005, with a view to a regulated liberalization of the sector, had accepted the principle of unrestrained negotiation of prices, while also providing, to protect road safety, the invalidity of clauses in contracts of carriage that would lead to the terms and conditions in carrying out services contrary to the rules of road safety.

Following this, the legislative decree n. 112/2008, with the clear intention of increasing road safety, introduced a system of regulated prices, establishing that payment of road haulage services could not be less than the minimum costs set out by the Osservatorio, the body which for the majority is made up of representatives from the road haulage associations and customers.

The EU Court of Justice held that, given the composition of the Osservatorio and its lack of sufficiently-detailed legislative provisions necessary to guarantee actions in line with general public interests, the Osservatorio's decisions regarding 'minimum costs' equate to price-fixing between companies whose objective is to establish a minimum price, such as to restrict market competition.

The Luxembourg judges noted that the system devised by the Italian legislature in fact gave 'free rein' to the economic operators represented in the Osservatorio. Therefore, the decisions on prices adopted by the said body could not be regarded as an expression of public power, but amounted to decisions made by private parties (specifically, by an association of companies according to Article 101 TFEU, since the Osservatorio must be considered precisely that).

To this regard, the Court finds that the Osservatorio, composed for the most part of representatives of professional organizations and empowered to act in the exclusive interest of the profession, must be regarded as an association of undertakings subject directly to the rules of competition. In light of the above the Court observes that the fixing of minimum operating costs prevents undertakings from setting tariffs lower than those costs. Thus, by limiting market operators' freedom to determine the price of haulage services, the Italian legislation is capable of restricting competition in the internal market.

Another interesting aspect of the judgment is devoted to verifying the correct balance between the value of competition and that of road safety.

The Court called on the general principle that the pursuit of a legitimate public objective, such as road safety, may justify competitive restrictions only if the measures taken are appropriate and proportionate to achieving that purpose.

Also in this respect, the Court expressed a negative opinion on Italian law, which had not passed the proportionality test.

The Court, in fact, found that the minimum cost mechanism can be said to be only loosely related to the need to uphold road safety, as there is no connection between imposing a minimum price for the service and increased safety. In addition, according to the Court, it cannot be excluded that an operator complies with road safety also offering lower prices than those determined by the Observatory.

Finally, it was observed that both European legislation and national legislation already provide for specific measures, which are more effective and less restrictive, aimed at ensuring road safety, so that the minimum cost mechanism of the operation is unnecessary in any case, and is therefore a disproportionate measure.

Hence, the "rejection" of the system devised by art. 83-bis of Law Decree no. 112/2008

It should be noted that even before the intervention of the Court of Justice, the Italian antitrust authorities had, on several occasions, also raised concerns to parliament and government about the regulations relating to road transport activities, which were deemed detrimental to the principles of competition.

The Court's ruling does not only require an adjustment of the regulatory framework in the future, but is also likely to have an impact on the validity and effectiveness of road transport contracts concluded in the past, and on legal relationships that have ensued, where prices fixed by the Osservatorio have been applied, and not prices freely negotiated by the parties involved.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Mondaq Advice Centre (MACs)
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.