INTERZERO Trajnostne rešitve za svet brez odpadkov d.o.o. and Others and Surovina, družba za predelavo odpadkov d.o.o. and Others (C-254/23)

Judgment of 10 Jul 2025

law://eu/cjeu/2023/c-254-23/para_10@2026-11-13

10Recitals 6, 17, 70 and 73 of Directive 2006/123 are worded as follows:(6) [Barriers to the freedom of establishment for providers in Member States and barriers to the free movement of services as between Member States] cannot be removed solely by relying on direct application of Articles [49 and 56 TFEU], since, on the one hand, addressing them on a case-by-case basis through infringement procedures against the Member States concerned would, especially following enlargement, be extremely complicated for national and Community institutions, and, on the other hand, the lifting of many barriers requires prior coordination of national legal schemes, including the setting up of administrative cooperation. ……(17) This Directive covers only services which are performed for an economic consideration. Services of general interest are not covered by the definition in Article [57 TFEU] and therefore do not fall within the scope of this Directive. Services of general economic interest are services that are performed for an economic consideration and therefore do fall within the scope of this Directive. ……(70) For the purposes of this Directive, … services may be considered to be services of general economic interest only if they are provided in application of a special task in the public interest entrusted to the provider by the Member State concerned. This assignment should be made by way of one or more acts, the form of which is determined by the Member State concerned, and should specify the precise nature of the special task.…(73) The requirements to be examined include national rules which, on grounds other than those relating to professional qualifications, reserve access to certain activities to particular providers. These requirements also include obligations on a provider to take a specific legal form, in particular to be a legal person, to be a company with individual ownership, to be a non-profit making organisation or a company owned exclusively by natural persons, and requirements which relate to the shareholding of a company, in particular obligations to hold a minimum amount of capital for certain service activities or to have a specific qualification in order to hold share capital in or to manage certain companies. …’

INTERZERO Trajnostne rešitve za svet brez odpadkov d.o.o. and Others and Surovina, družba za predelavo odpadkov d.o.o. and Others (C-254/23)

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