C-565/08, Commission v Italy (Lawyers’ Fees)

1. Facts:

• Background: Italian law set a maximum fee that lawyers could charge for their services, aiming to make access to justice more equitable.

• Impact: The fee cap was intended to apply uniformly to all lawyers practicing in Italy.

2. Outcome:

• No Violation of Art. 56: The Court held that the fee cap did not constitute a restriction on the market access of foreign lawyers. It was determined that the fee cap would not disincentivise foreign lawyers from practicing in Italy.

3. Impact and Analysis:

• Market Access: The decision underscored that measures affecting service fees do not necessarily breach Article 56, provided they do not significantly hinder access to the market for service providers from other Member States.