Division (11)

According to the Wouters case-law^f1 of the Court of Justice, a decision by an association of undertakings does not infringe Article 81(1) of the EC Treaty when, despite the effects restrictive of competition that are inherent in it, it is necessary for the proper practice of the profession, as organised in the Member State concerned. The Commission takes the view that the establishment of a (recommended) minimum fee scale by the Architects' Association cannot be considered as necessary in order to ensure the proper practice of the architect's profession.