the REGIONAL ADMINISTRATIVE COURT Latium sends back the issue of the costs minimums of safety of the road haulage to the Law court EU



Past friday the Regional administrative court for the Latium, with decrees on the resources introduced from the General Confederation Italiana of the Transports and the Logistics (Confetra) and from other organizations and enterprises of the transport and the logistics for the cancellation of the provision of the Observatory on the activities of relative road haulage to the operating costs of the enterprises of road haulage on behalf of third party (costs minimums of exercise that guarantee the respect of the parameters of safety) and other relative provisions and decree of the ministry of Infrastructures and the Transports and the Observatory, has arranged the prejudicial dismissal of the issue to the Court of Justice of the European Union.

In the motivations the magistrates of the REGIONAL ADMINISTRATIVE COURT specify to doubt that the introduced discipline "valued as consistent and is prorated regarding the protected public interest of street safety, so to be able to find in dictate to adequate purpose of pubblicistico relief and sufficient justification" let alone to doubt "that he is compatible with the right of the Union, and with the same principles asserted from the Law court in the mentioned sentence, a normative system that, in lack of a normative predetermination of criteria directed to disciplining however in via general the activity, the substance, entrusts to the agreement between the private economic operators the determination of the minimal rates or, subordinately, to an organism that, for its same constitution, does not anticipate sufficient conditions of independence regarding the appraisals and to the choices of the same operators of the field".

Commenting the content of the decree of the Regional administrative court, Confetra has found that "the critics formulated from the REGIONAL ADMINISTRATIVE COURT are such and many that, also not being to us an immediate effectiveness on the Italian norm, all the hanging judgments on this controversial matter will come presumablly suspended waiting for the pronunce of the supreme courts of Rome and Brussels". "In this context, second the Confetra, and in order to avoid that the uncertainty of the right reaches insufferable levels in a nevralgico field as that of the logistics of the goods - it has emphasized the Confederation - the ministry of Infrastructures and the Transports would do good to comply with the formal demand formulated to it a year makes from the Authority Antitrust of disapplicare, for violation of the principles of the free competition, the discipline of the costs minimums of safety".