Request for a preliminary ruling from the Ustavno sodišče Republike Slovenije (Slovenia) lodged on 13 November 2023 – AEON NEPREMIČNINE and Others, STAN nepremičnine d.o.o. and Državni svet Republike Slovenije v Državni zbor Republike Slovenije
(Case C-674/23, AEON NEPREMIČNINE and Others)
Language of the case: Slovenian
Referring court
Ustavno sodišče Republike Slovenije
Parties to the main proceedings
Applicants: AEON NEPREMIČNINE, d.o.o. and Others, STAN nepremičnine d.o.o. and Državni svet Republike Slovenije
Other party to the proceedings: Državni zbor Republike Slovenije
Questions referred
Are Articles 7, 16 and 38 of the Charter of Fundamental Rights of the European Union, read in conjunction with Article 15 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, 1 to be interpreted as precluding legislation of a Member State of the European Union under which the maximum fee permitted for property brokerage in the context of the purchase or sale of the same property may not exceed 4% of the contractual price, in the case of brokerage in the context of the purchase or sale of a single-family residence, an apartment or a dwelling purchased by an individual?
Are Articles 7, 16 and 38 of the Charter of Fundamental Rights of the European Union, read in conjunction with Article 15 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, to be interpreted as precluding legislation of a Member State of the European Union under which the maximum permitted brokerage fee in the context of a lease for the same property may not be more than 4% of the amount resulting from the multiplication of the amount of monthly rent by the number of months for which the property is let, and in any event may not exceed the amount of one month’s rent, in the case of brokerage in the context of the rental of a single-family residence, apartment or dwelling rented by an individual?
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1 OJ 2006 L 376, p. 36.