Mon. Feb 24th, 2025
Commission caps for real estate agents: EU Court Judgment in Case C-674/23 AEON NEPREMIČNINE and Others
27 February
Thursday 27th February
Commission caps for real estate agents: EU Court Judgment in Case C-674/23 AEON NEPREMIČNINE and Others
(Freedom of establishment – Freedom to provide services – Internal market – Principles)
The Slovenian Constitutional Court is examining the constitutionality of the law on real estate brokerage services.
This law caps the commission charged for these services in the case of the purchase, sale or rental of real estate. In the case of purchase or sale, the commission may not exceed 4% of the contract price. As for rentals, the ceiling is 4% of the product of the monthly rental amount and the number of months for which the property is rented. An intermediation contract that contravenes this ceiling is considered null and void.
Uncertain as to the compliance of this measure with Union law, the Slovenian Constitutional Court referred the matter to the Court of Justice. Its doubts relate to the cap applied to intermediation services relating to a single-family house, flat or residential unit, acquired or rented by a natural person.
Donnerstag, 27. Februar 2025
Urteil des Gerichtshofs in der Rechtssache C‑674/23 AEON NEPREMIČNINE u. a.
Deckelung von Maklergebühren
Das slowenische Immobilienvermittlungsgesetz begrenzt die Vergütung für Vermittlungsdienste beim Kauf oder Verkauf bzw. bei der Vermietung von Immobilien auf 4 % des Vertragspreises (Kauf- oder Verkauf) bzw. des Vertragswertes (Vermietung). Als Vertragswert bei Vermietung gilt das Produkt aus der Höhe der monatlichen Miete und der Anzahl der Monate, für die die Immobilie vermietet wird; die Vergütung darf jedoch eine Monatsmiete nicht übersteigen.
Das slowenische Verfassungsgericht möchte vom Gerichtshof wissen, ob eine solche Regelung mit dem Unionsrecht vereinbar ist, und zwar mit dem in der EU-Grundrechte-Charta garantierten Eigentumsrecht sowie der Richtlinie 2006/123 über Dienstleistungen im Binnenmarkt. Ohne Schlussanträge.
Die Urteilsverkündung wird auf der Website Curia live gestreamt.
Details
- Date:
- 27 February
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-674/23 AEON NEPREMIČNINE
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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