January 23
2022
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Emilija Berzanskaite
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4th January 2022
Internal Market

Court of Justice to hear request for a preliminary ruling on direct effect of minimum tariffs requirement under Services Directives 

Official publication has been made of a request for a preliminary ruling by the Landgericht Mainz (Germany) in ID v Stadt Mainz (C-544/21), concerning the dispute regarding the minimum German architectural fees in light of the Services Directive.

The Court of Justice was asked to rule if the Services Directive has direct effect and therefore precludes the national provisions that establish minimum mandatory rates for architects since they conflict with overriding EU law. If the question is answered in the negative, the Court is asked to consider whether such minimum rates are precluded under Article 49 TFEU and if such, should they be disapplied in ongoing proceedings between two private persons. 

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