CASE LAW: CASES C-94/04, CIPOLLA & MACRINO: THE EMERGENCE OF A POLITICAL APPROACH TO THE REGULATION OF PROFESSIONALS IN EUROPE?


13 Colum. J. Eur. L. 733 (2007)


Marco Amorese.
PhD, University of Brescia; LL.M., Harvard Law School, J.D., University of Milan, Studio legale Amorese (Bergamo).

The Grand Chamber of the European Court of Justice (ECJ) has delivered a judgment in joined cases once again addressing the issue of competition in legal services and the scope of Articles 49, 81, and 82 of the European Community (EC) Treaty.

This judgment focuses on mandatory tariffs and establishes principles that should further competition in the provision of professional services, which has become an object of renewed attention from the Commission. At the same time, the legal background of the decision raised questions and new challenges for the judiciary, which embarked on a difficult balancing of considerations in order to decide the cases at hand.