Monday, June 2, 2008
A 'Revolutionary Decision': Court of Cassation Judgment 9878/08 and the Notary's Opposing Interest in Not Working in a Competitive System
Posted by D. Daniel Sokol
Andrea Bortoluzzi, Universita' dell'Insubria has written a new paper on A 'Revolutionary Decision': Court of Cassation Judgment 9878/08 and the Notary's Opposing Interest in Not Working in a Competitive System.
ABSTRACT: A decision of the Court of Cassation of 28 February 2008 has examined the question of the legitimacy in Italy of a scale of charges for notarial services that sets minimum fees, in the light of the provisions of the EC Treaty regulating free competition.
The Court not only rules on the disciplinary liability of a notary not complying with the minimum scale of fees but also establishes a principle of law to the effect that notarial services are extraneous to the market for professional services.
Such a principle is truly revolutionary because it establishes an interest of the notary as an individual and of the bodies representing the class of notaries in operating outside a competitive context, an interest that can be protected by seeking damages in the courts