21.12.2015

EN

Official Journal of the European Union

C 429/12

(Case C-538/15)

(2015/C 429/16)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicant: Francesc de Bolós Pi

Defendant: Urbaser, S.A.

Questions referred

1)Is Article 101 TFEU, read in conjunction with Article 10 and Article 4(3) TEU, compatible with rules laid down in the regulation on the tariff applying to procuradores, namely Royal Decree 1373/2003 of 7 November 2003, which provides that their remuneration is subject to a minimum tariff or scale, which can be varied, upwards or downwards, only by 12 % and when it is impossible for the authorities of the Member State, including the courts, to depart from those minima even in exceptional circumstances?

2)For the purpose of applying the abovementioned statutory scale without applying the minimum levels laid down therein: may the fact that the amount of fees payable under the scale is disproportionate to the work actually done be regarded as exceptional circumstances?

3)Is Article 56 TFEU compatible with Royal Decree 1373/2006?

4)Does Royal Decree 1373/2006 meet the requirements of necessity and proportionality referred to in Article 15(3) of Directive 2006/123/EC? (1)

5)Does Article 6 of the European Convention on Human Rights include the right to defend oneself properly in a situation in which the figure at which the fees of a procurador are set is disproportionately high and does not correspond to the work actually carried out?

(1) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).