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Case C-278/22, AUTOTECHNICA FLEET SERVICES: Judgment of the Court (Fifth Chamber) of 21 December 2023 (request for a preliminary ruling from the Upravni sud u Zagrebu — Croatia) — AUTOTECHNICA FLEET SERVICES d.o.o., formerly ANTERRA d.o.o. v Hrvatska agencija za nadzor financijskih usluga (Reference for a preliminary ruling — Freedom of establishment — Freedom to provide services — Directive 2006/123/EC — Article 2(2)(b) — Scope — Exclusion of financial services — Long-term rental of motor vehicles — Articles 9(1) and 10(1) and (2) — Services subject to prior authorisation)
ECLI:EU:UNKNOWN:62022CA0278
62022CA0278
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Official Journal of the European Union
Series C
C/2024/1374
19.2.2024
(Case C-278/22, (1) AUTOTECHNICA FLEET SERVICES)
(Reference for a preliminary ruling - Freedom of establishment - Freedom to provide services - Directive 2006/123/EC - Article 2(2)(b) - Scope - Exclusion of financial services - Long-term rental of motor vehicles - Articles 9(1) and 10(1) and (2) - Services subject to prior authorisation)
(C/2024/1374)
Language of the case: Croatian
Referring court
Parties to the main proceedings
Applicant: AUTOTECHNICA FLEET SERVICES d.o.o., formerly ANTERRA d.o.o.
Defendant: Hrvatska agencija za nadzor financijskih usluga
Operative part of the judgment
1.Article 2(2)(b) 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 meaning that services provided under a contract for the long-term rental of motor vehicles acquired by the lessor at the request of the lessee with a view to leasing them to the latter in return for the payment of a fee does not constitute ‘financial services’ within the meaning of that provision, unless:
—the rental contract is subject to an obligation to purchase the vehicle at the end of the rental period,
—the fees paid under that contract by the lessee are intended to enable the lessor to amortise fully the costs incurred by him or her in acquiring the vehicle, or
—that contract involves a transfer of the risks linked to the residual value of the vehicle upon expiry of that contract.
2.Article 9(1) and Article 10(1) and (2) of Directive 2006/123 must be interpreted as precluding legislation of a Member State which, first, establishes an authorisation scheme, within the meaning of Article 4(6) of that directive, for the provision of long-term motor vehicles rental services under a contract which is not aimed at the provision of financial services, within the meaning of Article 2(2)(b) of that directive, and, second, empowers the national authority responsible for managing that scheme to impose requirements and restrictions on undertakings which provide such services, unless that scheme meets the requirements laid down in Article 9(1) and Article 10(1) and (2) of that directive.
(1) OJ C 244, 27.6.2022.
ELI: http://data.europa.eu/eli/C/2024/1374/oj
ISSN 1977-091X (electronic edition)