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Case C-119/09: Judgment of the Court (Grand Chamber) of 5 April 2011 (reference for a preliminary ruling from the Conseil d’État — France) — Société fiduciaire nationale d’expertise comptable v Ministre du Budget, des Comptes publics et de la Fonction publique (Freedom to provide services — Directive 2006/123/EC — Article 24 — Prohibition of total prohibitions on commercial communications by the regulated professions — Profession of qualified accountant — Prohibition on canvassing)
ECLI:EU:UNKNOWN:62009CA0119
62009CA0119
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21.5.2011
Official Journal of the European Union
C 152/4
(Case C-119/09) (<span class="super">1</span>)
(Freedom to provide services - Directive 2006/123/EC - Article 24 - Prohibition of total prohibitions on commercial communications by the regulated professions - Profession of qualified accountant - Prohibition on canvassing)
2011/C 152/05
Language of the case: French
Referring court
Parties to the main proceedings
Applicant: Société fiduciaire nationale d’expertise comptable
Defendant: Ministre du Budget, des Comptes publics et de la Fonction publique
Re:
Reference for a preliminary ruling — Conseil d'État (France) — Interpretation of 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) and, specifically, Article 24 thereof relating to commercial communications by the regulated professions — Commercial practice of canvassing — Proscription, in respect of the regulated professions covered by the directive, of any general prohibition, whatever the form of commercial practice concerned, or the option for the Member States to maintain general prohibitions in respect of certain commercial practices, such as canvassing
Operative part of the judgment
Article 24(1) of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as precluding national legislation which totally prohibits the members of a regulated profession, such as the profession of qualified accountant, from engaging in canvassing.
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Language of the case: French.
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(<span class="super">1</span>) OJ C 141, 20.6.2009.