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Court order on minimum costs in road carriage by Constitutional Court 13th May 2015

On 13th May 2015 the Italian Constitutional Court handed down the order no. 80/2015 on the issue of constitutional legitimacy of Article 83bis Law 133/2008, which is deemed to be in contrast with Articles 3 and 41 of our Constitution.  The decision of the Court originated from the exceptions filed with the Courts of Lucca and Trento by the lawyers of the companies purchasing the haulage services and from the subsequent referral orders. The Constitutional Court referred to the judgment of the European Court of Justice of 09.04.2014, in which the latter held that the rules on the minimal costs are in conflict with the EU law as they restrict competition and are not appropriate to ensure the achievement of its objective (strengthening and protection of road safety). The Court noted that the judgment of the Court of Justice applies as jus superveniens to pending proceedings and therefore returned the case to the judges of merits with directions to apply the judgment for the decision of the cases. Given the abolition of the minimal costs imposed by the Stability Law 2015, it must be observed that this order acquires value only for pending proceedings, that is for those cases relating to the recovery of the minimal costs when they were still in force.

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