# C_2016279EN.01001701.xml

| 1.8.2016 | EN | Official Journal of the European Union | C 279/17 |
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1.8.2016

EN

Official Journal of the European Union

C 279/17

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Request for a preliminary ruling from the Juzgado de lo Social No 2 de Terrassa (Spain) lodged on 13 May 2016 — Elena Barba Giménez v Francisca Carrión Lozano

(Case C-269/16)

(2016/C 279/23)

Language of the case: Spanish

Referring court

Referring court

Juzgado de lo Social No 2 de Terrassa

Parties to the main proceedings

Parties to the main proceedings

Applicant: Elena Barba Giménez

Applicant:

Defendant: Francisca Carrión Lozano

Defendant:

Questions referred

Questions referred

| 1. | Are Article 6(1)(d) and Article 7(2) of Directive 2005/29/EC (1) applicable to situations in which a trader’s fees are regulated by a legal provision? If so, must Directive 2005/29/EC be interpreted as precluding a rule such as that contained in Article 36 of Law 1/1996, under which the fee regime established by statute is mandatory, even though the trader fails to give information or gives misleading information concerning the calculation of the price for his services? |
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1.

Are Article 6(1)(d) and Article 7(2) of Directive 2005/29/EC (1) applicable to situations in which a trader’s fees are regulated by a legal provision? If so, must Directive 2005/29/EC be interpreted as precluding a rule such as that contained in Article 36 of Law 1/1996, under which the fee regime established by statute is mandatory, even though the trader fails to give information or gives misleading information concerning the calculation of the price for his services?

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| 2. | Must Article 101 TFEU to be interpreted as precluding a rule such as that laid down in Article 36 of Law 1/1996, which makes the remuneration of lawyers who provide legal aid services, if the application is upheld, subject to a scale of fees previously approved by those lawyers, from which the authorities of the Member State may not depart?
  Does that rule satisfy the requirements of necessity and proportionality to which Article 15(3) of Directive 2006/123/EC (2) refers? |
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2.

Must Article 101 TFEU to be interpreted as precluding a rule such as that laid down in Article 36 of Law 1/1996, which makes the remuneration of lawyers who provide legal aid services, if the application is upheld, subject to a scale of fees previously approved by those lawyers, from which the authorities of the Member State may not depart?

Does that rule satisfy the requirements of necessity and proportionality to which Article 15(3) of Directive 2006/123/EC (2) refers?

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| 3. | Must Article 47 of the Charter of Fundamental Rights of the European Union be interpreted as precluding a rule such as that in Article 36 of Law 1/1996, which obliges the ... [beneficiaries] of the right to legal aid, if their action succeeds and no order for costs is made, to pay the lawyer the fees determined in accordance with scales approved by a professional body amounting to more than 50 % of the annual amount of a social security benefit? |
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3.

Must Article 47 of the Charter of Fundamental Rights of the European Union be interpreted as precluding a rule such as that in Article 36 of Law 1/1996, which obliges the ... [beneficiaries] of the right to legal aid, if their action succeeds and no order for costs is made, to pay the lawyer the fees determined in accordance with scales approved by a professional body amounting to more than 50 % of the annual amount of a social security benefit?

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(1)  Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (OJ 2005 L 149, p. 22).

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(2)  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).

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