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Case C-242/23, Tecno*37: Judgment of the Court (First Chamber) of 4 October 2024 (request for a preliminary ruling from the Consiglio di Stato – Italy) – Tecno*37 v Ministero dello Sviluppo Economico, Camera di Commercio Industria Artigianato e Agricoltura di Bologna (Reference for a preliminary ruling – Freedom to provide services – Directive 2006/123/EC – Article 25(1) – Restrictions on multidisciplinary activities – Regulated profession – National legislation providing for, as a general rule, the incompatibility of the joint exercise of the activity of property brokerage and that of property manager – Requirements of independence and impartiality – Proportionality of the restriction – Consequences of the closure of an infringement procedure brought by the European Commission against a Member State)
ECLI:EU:UNKNOWN:62023CA0242
62023CA0242
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Official Journal of the European Union
C series
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C/2025/880
17.2.2025
(Case C-242/23,
Tecno*37)
(Reference for a preliminary ruling - Freedom to provide services - Directive 2006/123/EC - Article 25(1) - Restrictions on multidisciplinary activities - Regulated profession - National legislation providing for, as a general rule, the incompatibility of the joint exercise of the activity of property brokerage and that of property manager - Requirements of independence and impartiality - Proportionality of the restriction - Consequences of the closure of an infringement procedure brought by the European Commission against a Member State)
(C/2025/880)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Tecno*37
Defendants: Ministero dello Sviluppo Economico, Camera di Commercio Industria Artigianato e Agricoltura di Bologna
In the presence of: FIMAA – Federazione Italiana Mediatori Agenti D’Affari
Operative part of the judgment
1.Article 258 TFEU
must be interpreted as meaning that the closure by the European Commission of an infringement procedure against a Member State does not result in the national legislation which was the subject matter of that procedure being consistent with EU law.
2.Article 25(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 provides, as a general rule, that the combined pursuit of the activity of property brokerage and that of property management are incompatible.
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Language of the case: Italian
ELI: http://data.europa.eu/eli/C/2025/880/oj
ISSN 1977-091X (electronic edition)
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* * *
(1) OJ C 252, 17.7.2023.
ECLI:EU:C:2025:140
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