Ministero dello Sviluppo economico and another v SOA Nazionale Costruttori - Organismo di Attestazione SpA

European Union – Public procurement. The Court of Justice of the European Union ruled that national legislation, such as that at issue in the main proceedings, which imposed on companies classified as attestation organisations minimum tariffs for certification services offered to undertakings seeking to participate in procedures for the award of public works contracts, constituted a restriction of the freedom of establishment within the meaning of art 49 of the Treaty on the Functioning of the European Union. However, such legislation was suitable for attaining the objective of protecting the recipients of those services. It was for the referring court to determine whether, in the light of, inter alia, the method of calculating the minimum tariffs, particularly in the light of the number of categories of work for which the certificate was drawn up, that national legislation went beyond what was necessary to attain that objective.

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