Guide to the case law of the European Court of Justice on Articles 52 et seq. of the EC. Treaty Freedom of establishment

Author (Corporate)
Publication Date 1998
ISBN 92-828-2044-0
EC C1-08-97-848-EN-C
Content Type


The completion of the Internal Market requires the free movement of services. This freedom is set out in Article 59 of the EC Treaty; it has been the source of much innovative case law of the
Court of Justice of the European Community.

This guide aims to present the cases in a practical way by gathering together the essential passages of the cases, thus making it possible to find all the relevant parts of the judgement without having to consult the complete text of the case. The structure of the guide, following the recent case law, provides an approach to Article 59 intended to help not only academics, but also practitioners directly involved in detecting infringements and showing the possible need for harmonisation.

To highlight the essential passages, without ignoring their context, the reasoning of the Court is given without alteration, but the key words are shown in bold and italics. It must be pointed out
that this method of presentation does not commit the Court, only the editors.

Within each chapter, cases are cited in reverse chronological order starting with the most recent. The dynamic development of the interpretation by the Court of the concept of "restriction" on free movement of services can thus be followed.

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