Judgment

Case C-136/12

Decision:

"On those grounds, the Court (Fourth Chamber) hereby rules:

1.      The third paragraph of Article 267 TFEU must be interpreted as meaning that it is for the referring court alone to determine and formulate the questions to be referred for a preliminary ruling concerning the interpretation of European Union law which it considers relevant for the resolution of the dispute in the main proceedings. National rules which have the effect of undermining that jurisdiction must be disapplied.

2.      Rules such as those laid down by the Code of Conduct concerning the exercise of the profession of geologist in Italy, approved by the Consiglio nazionale dei geologi on 19 December 2006 and amended most recently on 24 March 2010, which establish as criteria for determining the remuneration of geologists, in addition to the quality and scale of the work to be performed, the dignity of the profession, constitute a decision by an association of undertakings within the meaning of Article 101(1) TFEU which may have the effect of restricting competition within the internal market. It is for the referring court to assess, in the light of the overall context in which the Code of Conduct produces its effects, including the national legal framework in its entirety and the manner in which that code is applied in practice by the National Association of Geologists, whether that effect is produced in the present case. That court must also verify whether, in the light of all the relevant material before it, the rules of that code, in particular in so far as they apply the criterion based on the dignity of the profession, may be regarded as necessary for the implementation of the legitimate objective of providing guarantees to consumers of geologists? services."