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Case C-136/12: Judgment of the Court (Fourth Chamber) of 18 July 2013 (request for a preliminary ruling from the Consiglio di Stato — Italy) — Consiglio nazionale dei geologi v Autorità garante della concorrenza e del mercato and Autorità garante della concorrenza e del mercato v Consiglio nazionale dei geologi (Third paragraph of Article 267 TFEU — Scope of the obligation on courts of final instance to make a reference for a preliminary ruling — Article 101 TFEU — Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession)

ECLI:EU:UNKNOWN:62012CA0136

62012CA0136

July 18, 2013
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Official Journal of the European Union

C 260/13

(Case C-136/12) (<span class="super">1</span>)

(Third paragraph of Article 267 TFEU - Scope of the obligation on courts of final instance to make a reference for a preliminary ruling - Article 101 TFEU - Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession)

2013/C 260/22

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicants: Consiglio nazionale dei geologi, Autorità garante della concorrenza e del mercato

Defendants: Autorità garante della concorrenza e del mercato, Consiglio nazionale dei geologi

Re:

Request for a preliminary ruling — Consiglio di Stato — Interpretation of Article 267, third paragraph, TFEU — Scope of the obligation on courts of final instance to make a reference for a preliminary ruling — Concept of ‘serious manifest breach of European Union law’ — Procedural rules and principles of a Member State which prohibit a national court from, first, referring questions to the Court as formulated by one of the parties to the proceedings which are manifestly inadmissible and, second, reformulating such questions of its own motion — Interpretation of Article 101 TFEU, of Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) (OJ 1985 L 199, p. 1), of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ 2005 L 255, p. 22) and Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36) — Code of conduct of a professional association prohibiting the application of fee scales which are not commensurate with the dignity of the profession (‘decoro e dignità professionale’) or with the quantity and quality of the services provided — Applicability of national competition rules that are more stringent than European Union rules

Operative part of the judgment

(<span class="super">1</span>) OJ C 151, 26.5.2012.

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