Case C-197/06: Reference for a preliminary ruling from the Rechtbank van Koophandel te Hasselt (Belgium) lodged on  3 May 2006  — Confederatie van Immobilien-Beroepen van Belgie VZW and het Beroepsinstituut van Vastgoedmakelaars v Willem Van Leuken
Date: 2006-07-15
Institutions: Court of Justice
Subjects: EU law - national law, freedom to provide services, frontier worker, interpretation of the law, real estate business, self-employed person

15.7.2006

EN

Official Journal of the European Union

C 165/15

Reference for a preliminary ruling from the Rechtbank
van Koophandel te Hasselt (Belgium) lodged on 3 May
2006 — Confederatie van Immobilien-Beroepen van Belgie
VZW and het Beroepsinstituut van Vastgoedmakelaars v
Willem Van Leuken

(Case C-197/06)

(2006/C 165/26)

Language of the case: Dutch

Referring court

Rechtbank van Koophandel te Hasselt (Belgium)

Parties to the main proceedings

Claimants: Confederatie van Immobilien-Beroepen van Belgie
VZW and het Beroepsinstituut van Vastgoedmakelaars

Defendant: Willem Van Leuken

Question(s) referred

(a) Must Articles 3 and 4 of Directive 89/48/EEC (1) be inter-
preted as meaning that a real estate agent who is estab-
lished in the Netherlands and organises agency activities in
Belgium in respect of real property is no longer obliged to
comply with the conditions laid down by the Belgian legis-
lature pursuant to the aforementioned directive (Article 2
of the Royal Decree of 6 September 1993, Article 3 of the
Framework Law of 1 March 1976) in the case where he
has concluded a cooperation agreement with a real estate
agent who is established in Belgium and is certified by the
Belgian Professional Association of Real Estate Agents (BIV)
and organises his activities in such a way that (i) consumers
may always have recourse to this real estate agent registered
in Belgium for purposes of activities in Belgium and (ii) this
collaboration is made clear
in particular
through reference to the intermediary role played by this
real estate agent certified in Belgium by the BIV in connec-
tion with activities carried out pursuant to Belgian law?;

in publicity,

intermediary services

that a real estate agent who is established in the Nether-
lands and organises agency activities in Belgium in respect
of real property is in every case obliged to comply with the
conditions laid down by the Belgian legislature pursuant to
the aforementioned directive (Article 2 of the Royal Decree
of 6 September 1993, Article 3 of the Framework Law of
1 March 1976), notwithstanding any cooperation agreement
with a real estate agent who is certified in Belgium and
in regard to activities
provides
governed by Belgian law, does it not then follow that that
directive and the national provisions adopted to implement
it are contrary to Article 49 EC setting out the principle of
freedom to provide cross-border services inasmuch as, on
the basis of the foregoing construction, that directive and
the national provisions adopted to implement it protect the
market for estate agency activity in respect of real property
situate in Belgium, in a manner which is objectionable, arti-
ficial and lacking objective justification, against cooperation
agreements entered into by independent real estate agents
established in different Member States (Belgium and the
Netherlands), at least one of whom (the Belgian real estate
agent) satisfies the conditions laid down by the directive
and the national provisions, with the result that the require-
ment that the Netherlands real estate agent must addition-
ally also satisfy those conditions (as set out in the directive
and the national provisions)
to indirect
discrimination on grounds of nationality and constitutes at
the very least a prohibited non-discriminatory restriction?

is tantamount

(1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years' duration (OJ 1989 L 19, p.16).

Action brought on 2 May 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-198/06)

(2006/C 165/27)

or

Language of the case: French

Must Articles 3 and 4 of Directive 89/48/EEC be inter-
preted as meaning that a real estate agent who is estab-
lished in the Netherlands and organises agency activities in
Belgium in respect of real property is in every case obliged to
comply with the conditions laid down by the Belgian legis-
lature pursuant to the aforementioned directive (Article 2
of the Royal Decree of 6 September 1993, Article 3 of the
Framework Law of 1 March 1976), notwithstanding any
cooperation agreement with a real estate agent who is certi-
fied in Belgium and provides intermediary services in
regard to activities governed by Belgian law?

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and F. Simonetti, Agents)

(b) Should the Court of Justice take the view that Articles 3
and 4 of Directive 89/48 must be interpreted as meaning

Defendant: Grand-Duchy of Luxembourg