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European Observer on fundamental right's respect

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Case Law C-261/20 (15/07/2021)

Type: Opinios of Advocate General

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/15/2021

Subject: According to the Advocate General, a national court hearing a dispute between individuals concerning a claim based on a national provision which fixes minimum tariffs for service providers in a manner that is contrary to the Services Directive must disapply such a national provision. That obligation results from the specific nature of the provisions of the Services Directive as provisions giving specific expression to the freedom of establishment enshrined in the Treaty and from the need to respect the fundamental right to freedom of contract guaranteed by the Charter of Fundamental Rights of the European Union

Parties: Thelen Technopark Berlin

Classification: Freedoms - Art. 15 Right of establishment - Art. 16 Freedom to conduct a business

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