Carra & Ors (Competition) [2000] EUECJ C-258/98 (08 June 2000)

Carra & Ors (Competition) [2000] EUECJ C-258/98 (08 June 2000)

Articles 86 and 90 EC Treaty have direct effect; national courts must protect individual rights conferred by these provisions and refuse to apply conflicting national laws prohibiting private employment intermediaries when public placement offices cannot satisfy market demand and statutory prohibitions render private placement impossible.

Citation
[2000] EUECJ C-258/98
Parties
Accused: Mr Carra; Accused: Mrs Colombo; Accused: Mrs Gianassi; Referring Court: Pretore di Firenze
Jurisdiction
European Union
Judgment Date
08 June 2000
Procedural Posture
Criminal Proceedings / Preliminary Reference to the Court of Justice of the European Communities
Outcome
First question answered; second question declared inadmissible.
Legal Topics
Direct Effect of EC Treaty Provisions, Abuse of Dominant Position, Public Placement Offices, Private Employment Intermediaries, Conflict Between National and EU Law
European Union Law Competition Law Labour Law Direct Effect of EC Treaty Provisions Abuse of Dominant Position Public Placement Offices Private Employment Intermediaries Conflict Between National and EU Law

Case Brief

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Parties

Mr Carra

Accused

Mrs Colombo

Accused

Mrs Gianassi

Accused

Pretore di Firenze

Referring Court

Procedural Posture

Criminal Proceedings / Preliminary Reference to the Court of Justice of the European Communities

Legal Issues

  1. 1 Whether Articles 86 and 90 EC Treaty have direct effect and require national courts to disregard conflicting national law
  2. 2 Whether a Member State's prohibition of private employment intermediaries breaches EC Treaty provisions
  3. 3 Whether legislative amendments constitute abuse of dominant position

Ratio Decidendi

Articles 86 and 90 EC Treaty have direct effect; national courts must protect individual rights conferred by these provisions and refuse to apply conflicting national laws prohibiting private employment intermediaries when public placement offices cannot satisfy market demand and statutory prohibitions render private placement impossible.

Court Disposition

First question answered; second question declared inadmissible.

Orders

  • National courts must give full effect to EC Treaty provisions and refuse to apply conflicting national laws prohibiting private employment intermediaries under specified circumstances.
  • Decision on costs is a matter for the national court.