Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 15(1), paragraph 2(g) and paragraph 3 – Services in the internal market – Fees for architects and engineers – Mandatory minimum tariffs – Direct effect of provisions of Union law and possible inapplicability of national regulations Citations: C-544/21, [2022] EUECJ … Continue reading Stadt Mainz (Judgment): ECJ 27 Oct 2022
The claimant challenged fees which were charged to the respondents on applying to Westminster City Council for sex shop licences for the three years ended 31 January 2011, 2012 and 2013 and which included the council’s costs of enforcing the licensing scheme against unlicensed third parties running sex shops (‘enforcement costs’). The respondents’ applications all … Continue reading Hemming (T/A Simply Pleasure) and Others, Regina (on The Application of) v Westminster City Council: SC 19 Jul 2017
The applicant had sought a license for a sex establishment. He paid the (substantial) fee, but complained that the Council had not as required, resolved to set the fee, and that in any event, the sum did not reflect the cost of administering the system. Held: The claim succeeded. The council’s Licensing Sub-Committee had failed … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others v Westminster City Council: Admn 16 May 2012
The parties disputed the returnability of the fees paid on application for a sex establishment licence where the licence was refused. The fee was in part one for the application, and a second and greater element related to the costs of monitoring the system overall. The Counicl argued that their refusal was not a breach … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v Westminster City Council: SC 29 Apr 2015
The court was asked ‘does the owner of a house in multiple occupation (‘HMO’) provide a ‘service’ for the purposes of Directive 2006/123/EC of the European Parliament and Council of 12 December 2006 on services in the internal market (‘the Services Directive’)?’ Citations: [2018] EWHC 1996 (Admin) Links: Bailii Jurisdiction: England and Wales Housing, European, … Continue reading Gaskin, Regina (on The Application of) v Richmond Upon Thames London Borough Council and Another: Admn 31 Jul 2018
Approximation of Laws – Transport – Judgment – Reference for a preliminary ruling – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 98/34/EC – Information society services – Rule on information society services – Definition – Intermediation service making it possible, by means of a smartphone … Continue reading Uber France v Bensalem: ECJ 10 Apr 2018
The appellant, barristers and solicitors, challenged the respondent’s approval of alterations to their regulatory arrangements, under Part 3 of Schedule 4 to the 2007 Act. The alterations gave effect to the Quality Assurance Scheme for Advocates providing for the assessment of the performance of criminal advocates in England and Wales by judges. They now appealed … Continue reading Lumsdon and Others, Regina (on The Application of) v Legal Services Board: SC 24 Jun 2015
(Freedom of Establishment – Judgment) Reference for a preliminary ruling – Directive 2006/123/EC – Services in the internal market – National legislation limiting the right to retail, use and administer veterinary medicinal, anti-parasitic and organic products to veterinary practitioners – Freedom of establishment – Requirement that the share capital of establishments retailing veterinary medicinal products … Continue reading CMVRO v Autoritatea Nationala Sanitara Veterinara si pentru Siguranta Alimentelor: ECJ 1 Mar 2018
Freedom of Establishment – Freedom To Provide Services Internal Market – Principles Approximation of Laws Consumer protection – Reference for a preliminary ruling – Article 56 TFEU – Article 58(1) TFEU – Services in the field of transport – Directive 2006/123/EC – Services in the internal market – Directive 2000/31/EC – Directive 98/34/EC – Information … Continue reading Asociacion Profesional Elite Taxi v Uber Systems Spain: ECJ 20 Dec 2017
Judgment – Reference for a preliminary ruling – Freedom to provide services – Article 49 TFEU – Directive 2006/123/EC – Article 15 – Architects’ and engineers’ fees – Fixed minimum tariffs – Direct effect – Judgment establishing a failure to fulfil obligations delivered during proceedings before a national court or tribunal Citations: C-261/20, [2022] EUECJ … Continue reading Thelen Technopark Berlin: ECJ 18 Jan 2022
ECJ (Judgment) Reference for a preliminary ruling – Public contracts and freedom of establishment – Article 49 TFEU – Directive 2006/123/EC – Article 12 – Concessions of State-owned maritime, lakeside and waterway property of an economic interest – Automatic extension – Lack of tender procedure ECLI:EU:C:2016:558, [2016] EUECJ C-458/14 Bailii European Contract Updated: 19 January … Continue reading Promoimpresa srl v Consorzio dei comuni della Sponda Bresciana del Lago di Garda e del Lago di Idro: ECJ 14 Jul 2016
ECJ (Judgment) Reference for a preliminary ruling – Directive 2006/123/EC – Scope ratione materiae – Activities which are connected with the exercise of official authority – The trade of chimney sweep – Fire safety regulation tasks – Territorial restriction of the licence to trade – Service of general economic interest – Necessity – Proportionality ECLI:EU:C:2015:843, … Continue reading Hiebler v Schlagbauer: ECJ 23 Dec 2015
Reference for a preliminary ruling – Freedom of establishment – Directive 2006/123/EC – Scope – Repeated letting of furnished accommodation for residential use for short periods to a transient clientele which does not take up residence there – National legislation and municipal rules making that letting subject to prior authorisation and offsetting – Justification – … Continue reading Cali Apartments v Procureur general pres la cour d’appel de Paris: ECJ 2 Apr 2020
(Order) Hearing of witnesses C-724/18, [2019] EUECJ C-724/18_CO, ECLI: EU: C: 2019: 889, [2020] EUECJ C-724/18 Bailii, Bailii European Cited by: See Also – Cali Apartments v Procureur general pres la cour d’appel de Paris ECJ 2-Apr-2020 Reference for a preliminary ruling – Freedom of establishment – Directive 2006/123/EC – Scope – Repeated letting of … Continue reading Cali Apartments v Attorney General at the Paris Court of Appeal: ECJ 15 Oct 2019
ECJ Judgment – Failure of a Member State to fulfil obligations – Directive 2006/123/EC – Articles 14 to 16 – Article 49 TFEU – Freedom of establishment – Article 56 TFEU – Freedom to provide services – Conditions for issuing vouchers entailing a tax advantage which are provided by employers to their employees and may … Continue reading Commission v Hungary: ECJ 23 Feb 2016
ECJ (Judgment) Reference for a preliminary ruling – Recognition of professional qualifications – Directive 2005/36/EC – Article 5 – Freedom to provide services – Directive 2006/123/EC – Articles 16 and 17(6) – Article 56 TFEU – Tax consultancy company established in a Member State and providing services in another Member State – Legislation of a … Continue reading X-Steuerberatungsgesellschaft v Finanzamt Hannover-Nord: ECJ 17 Dec 2015
ECJ Judgment – Reference for a preliminary ruling – Articles 49 TFEU and 51 TFEU – Freedom of establishment – Directive 2006/123/EC – Scope – Services in the internal market – Directive 2009/40/EC – Access to vehicle roadworthiness testing activities – Exercise by a private body – Activities connected with the exercise of official authority … Continue reading Grupo Itevelesa And Others v OCA Inspeccion Tecnica de Vehiculos SA: ECJ 15 Oct 2015
Judgment – Request for a preliminary ruling – Articles 49 TFEU, 51 TFEU and 56 TFEU – Freedom of establishment – Connection with the exercise of official authority – Directive 2006/123/EC – Article 14 – Bodies responsible for verifying and certifying that undertakings carrying out public works comply with the conditions laid down by law … Continue reading Presidenza del Consiglio dei Ministri and others v Rina Services And Others: ECJ 16 Jun 2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to … Continue reading De Clercq And Others: ECJ 3 Dec 2014
ECJ Directive 2006/123/EC – Scope ratione materiae – Healthcare services – Social services – Day-care centres and Night-care centres providing assistance and care to elderly persons C-57/12, [2013] EUECJ C-57/12 Bailii Directive 2006/123/EC European European Updated: 15 November 2021; Ref: scu.512341
Charges for processing application for licence ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 13(2) – Authorisation procedures – Concept of charges which may be incurred L. Bay Larsen, P [2016] WLR(D) 608, [2016] EUECJ C-316/15, ECLI:EU:C:2016:879 Bailii, WLRD Directive 2006/123/EC European Citing: Reference – … Continue reading Hemming and Others v Westminster City Council and Others: ECJ 16 Nov 2016
The claimant had submitted an application for a licence to operate a sex shop. On its failure it sought repayment of that part of the fee which related to the costs of supervising the system, rather than the costs of dealing with the application. It also said that the council had failed, as it was … Continue reading Hemming (T/A Simply Pleasure Ltd) and Others, Regina (on The Application of) v The Lord Mayor and Citizens of Westminster: CA 24 May 2013
