The Supreme Court defends the legislation on real estate mediation against complains of contrast with the European Union Law: in conclusion, Supreme Court says, the broker not registered in the legal roll or in the CCIAA Registration Ofiice don’t have the right to get the commission for his activity

Pursuant to Supreme Court (Cass. civ. Sez. III, Sent., 10-05-2011, n. 10205), the legislation on real estate mediation, providing that only the brokers registered in the special roll or care of Registration Office – CCIAA, have the right to get the commission, is not in conflict with the European Union law.

Although the legal roll has been deleted by Italian Government in enforcement of the Dir. 126/2006, the legislation that  provides that only the brokers registered in the special roll have the right to get the commission, is still in full effect.

In fact, nevertheless the D.Lgs. n. 59/2010, art. 73, deleted the roll as above mentioned, didn’t annul the rules which provides that the brokers must communicate the business setting up, with in attachment the certifications which prove that the broker owns all the qualifications required by the law, to be deposited care of the competent CCIAA – Registration Office.

It follows that, notwithstanding the cancellation of the roll, only the brokers in possession of the requirements as above mentioned have the right to get the commission for their activity.

Moreover, the Supreme Court rules out that the brokers non registered care of CCIAA or in the legal roll can claim that his commission could ever arise out of unjust enrichment, because the law itself excludes that the broker non registered in the CCIAA or in the legal roll doesn’t have the right to the commission.