COSTI MINIMI DI ESERCIZIO NELL'AUTOTRASPORTO DI MERCI PER CONTO TERZI E SUB-TRASPORTO

The 2015 “Stability Law” abrogated the discussed minimum operating costs regime in the road haulage of goods on behalf of third parties pursuant to art. 83-bis of the legislative decree n. 112/2008. Nevertheless the events related to its compliance with EU Competition Law, which have been ruled upon by the EU Court of Justice and various administrative Courts, continue to be current. Although the Judgement of 2014 in joined cases C-184/13 to C-187/13, C-194/13, C-195/13 and C-208/13 (API and other vs Ministero delle Infrastrutture e dei Trasporti and Ministero dello Sviluppo economico), stated that Article 101 TFEU, read in conjunction with Article 4(3) TEU, must be interpreted as precluding national legislation - pursuant to which the price of haulage services may not be lower than minimum operating costs, which are fixed by a body composed mainly of representatives of the economic operators concerned (such as the abolished Osservatorio sulle attività di autotrasporto was) - the Ordinance of 2016 in case C-121/16 (Salumificio Murru SpA vs Autotrasporti di Marongiu Remigio), ruled that national legislation, according to which the price of road haulage services may not be lower than minimum operating costs determined by a national administration, is not precluded by EU Law. This paper reconstructs the tortuous path related to price determination in the contract of carriage of goods by road, from the “tariffe a forcella” regime introduced by the 298/74 Law to the “minimum costs” regime up to the current liberalization. It also highlights the most important legal issues related to the research, by the national legislator, of a difficult balance between the different positions of the parties, which is particularly pursued in the relationship between the carrier and the sub-carrier, that is between the large transport and logistics company and the smaller companies that cooperate with it.