The ECJ Grand Chamber was brought for the first time to interpret the provisions on freedom of establishment and freedom to provide services under Articles 14 and 16 of Services Directive and Articles 49, 51 and 56 TFEU. The referring court (the Italian Consiglio di Stato) essentially asks the Court of Justice whether EU law permits legislation under which SOAs must have their registered office in national territory. The Court points out that the Directive does not permit Member States to justify maintaining such requirement in their national legislation. Furthermore, Member States may not even justify, on the basis of the principles set out in the TFEU, what is prohibited by the Directive, since that would deprive the Directive of any practical effect and ultimately undermine the ad hoc harmonisation intended.
|Titolo tradotto del contributo||[Autom. eng. transl.] The first ruling of the Court of Justice on the provisions of the "Services Directive" on the establishment of certification bodies ("SOA")|
|Numero di pagine||11|
|Rivista||STUDI SULL'INTEGRAZIONE EUROPEA|
|Stato di pubblicazione||Pubblicato - 2015|
- Diritto dell'Unione Europea, Direttiva servizi, Direttive Appalti, SOA
- EU Law, Service Directive, Public Procurements Directive, SOA