16.1.2017
EN
Official Journal of the European Union
C 14/12
Judgment of the Court (Third Chamber) of 16 November 2016 (request for a preliminary ruling from the Supreme Court of the United Kingdom) — The Queen, on the application of: Timothy Martin Hemming, trading as ‘Simply Pleasure Ltd’ and Others v Westminster City Council
(Case C-316/15) (1)
((Reference for a preliminary ruling - Freedom to provide services - Directive 2006/123/EC - Article 13(2) - Authorisation procedures - Concept of charges which may be incurred))
(2017/C 014/15)
Language of the case: English
Referring court
Supreme Court of the United Kingdom
Parties to the main proceedings
Applicants: The Queen, on the application of: Timothy Martin Hemming, trading as ‘Simply Pleasure Ltd’, James Alan Poulton, Harmony Ltd, Gatisle Ltd, trading as ‘Janus’, Winart Publications Ltd, Darker Enterprises Ltd, Swish Publications Ltd
Defendant: Westminster City Council
Interveners: The Architects’ Registration Board, The Solicitors’ Regulation Authority, The Bar Standards Board, The Care Quality Commission, The Farriers’ Registration Council, The Law Society, The Bar Council, The Local Government Association, Her Majesty’s Treasury
Operative part of the judgment
Article 13(2) 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, in circumstances such as those at issue in the main proceedings, the requirement for the payment of a fee, at the time of submitting an application for the grant or renewal of authorisation, part of which corresponds to the costs relating to the management and enforcement of the authorisation scheme concerned, even if that part is refundable if that application is refused.
(1) OJ C 311, 21.9.2015.
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