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European Court of Justice Judgment on minimum operating costs in road carriage

In January 2013, the Regional Administrative Tribunal of Lazio requested the European Court of Justice to rule on the compatibility of the Italian legislation regarding “minimum costs” in road transport with EU competition law. The Court rendered its judgment on 4th September 2014, declaring the illegitimacy of such legislation on two grounds. Firstly, the composition of the “Osservatorio dell’Autotrasporto” (the organization determining the minimum costs) is more similar to a trade association and therefore does not ensure the compulsory impartiality and protection of the public interest. Secondly, the compulsoriness of a minimum pay represents a limitation of the competition not justified by road safety protection reasons, not being suitable to serve such purpose.

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