La prima pronuncia della Corte di giustizia in merito alle disposizioni della “direttiva servizi” in materia di stabilimento degli organismi di attestazione (“SOA”)

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.