Eu Economic Law, Freedom of Establishment

2454 Words10 Pages
Art 49 is the base. In the handout. It talks about nationals of a MS, if you are a national of a non MS, you can’t rely on this provision. This applies to nationals of a MS or companies that are established in MS. We can’t deal with freedom of movement of companies, as that’s a highly complicated area and beyond our scope. There are a couple of logical steps in order to deduce whether there is a breach by a member state in your particular case. 1. Is the situation really one where establishment is at issue? 2. Is there a cross-border issue involved, you can only rely on the internal market rules only if you’re moving into another MS, there must be some element of moving or trying to move? This can lead to anomalies for an example…show more content…
It concerned a lawyer, Mr. Klopp, a German national, a member of the Dusseldorf bar in Germany, he wanted to set up another office in Paris, in addition to his chambers in Dusseldorf. The French Bar rejected, saying that you could only have one set of chambers to join the French Bar and this bar must be in Paris. The Parisian bar argued that it was a consumer protection issue. If a client goes to an avocet, to protect the service and deal with problems, you need to be present and professional supervision require just one place of location. The court accepted that and lauded the necessity of protecting consumers, but the court held that it was disproportionate. It is not enough for the rule to be accepted in principle, it must also be proportional. d) Right to Equal Treatment in Accessing and Exercising a self-employed activity There is a fundamental difference in the way that the court treats direct discrimination and indirect discrimination. Direct – discriminatory on the face of the mesure Indirect – measure that doesn’t discriminate on its face but it discriminates in practice. (i) No Direct Discrimination on grounds of nationality. MS confined to express treaty derogations, PH, PS and PS Reyners [1974] Not really a problem anymore as member states have changed laws or don’t legislate foolishly anymore. (ii) No Indirect Discrimination on grounds of nationality You can rely on above exceptions plus possibility of
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