By the judgment no. 02655 of 21st February 2017, the Regional Court of Lazio (TAR) repealed the Italian Ministry of Infrastructures and Transport’s provisions which assessed the road transport minimal costs on the basis of the same formula previously used by the Osservatorio sulle Attività di Autotrasporto. TAR refers to the important decision of the European Court of Justice issued on 4th September 2014, where the Court held that Art. no. 83-bis of the Italian Law Decree no. 112/2008 is contrary to the EU principle of free competition under Art. no. 101 of the Treaty on the Functioning of European Union, insofar as Art. 83-bis provided for the calculation of the road transport fares based on the minimal costs assessed by an entity (the Osservatorio sulle Attività di Autotrasporto) mainly composed of economic operators in the same industry.
By Judgement issued on 28th September 2015, the Civil Court of Turin held that Article no. 7-ter of Legislative Decree no. 286/2005 – concerning the sub-carrier’s legal action direct against the other companies involved in the transport operation – can be applied only among parties financially sound. In particular, the Court clarified that – in case of bankruptcy – the special rules provided for by the Bankruptcy Act must be applied, the said rules being based on the fundamental principle that all creditors must be subject to equal conditions (“par condicio creditorum”).