This articles addresses the decision of the European legislator, taken in the Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement, of not applying to public service contracts for arbitration and conciliation services, or concerning the legal advice given in preparation of any of those proceedings by a lawyer. The decision of excluding of the scope of the public procurement Directive those services has been recently examined by the Court of Justice of the European Union, in the context of a referral for a preliminary ruling coming from the Grondwettelijk Hof (Belgium), C-264/18, in which the CJEU was sought to determine whether the provisions of the Directive complied with the principles of equal treatment and subsidiarity and with articles 49 and 56 TFEU.