Minimum charging rates

In Italy, compulsory minimum and maximum rates for lawyers’ fees are fixed, with the scales being set every two years by the National Council of the Bar and approved by the Justice Minister. The Advocate-General of the European Court of Justice has delivered an opinion that the setting of minimum fees by the Italian Government is illegal and anti-competitive, restricts the freedom to provide services and is not justified by an overriding reason in the public interest. He continued: ‘Minimum fees … neutralise the competitive advantage of lawyers established outside Italy … Italian citizens wishing to instruct a foreign lawyer are unable to benefit fully from the common market, because they are denied access to cheaper legal services.’ A Law Society spokeswoman said: ‘If the opinion is confirmed by the court, solicitors wishing to provide services in Italy will be able to do so taking account of all their costs and expenses, which the current system does not permit. This would lead to a more level playing field.’