Opinion of the Advocate General — ECLI:EU:C:1999:591
Date: 1999-11-30
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
Freedom to provide services — Restrictions — Rules of a Member State which make the 
carrying out on its territory of skilled trade work by providers of services established in 
other Member States subject to an authorisation procedure and entry on the trades 
register — Not permissible — Public interest justification — Limits 
(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC); Council Directive 64/427, 
Art. 4) 
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SUMMARY — CASE C-58/98 
Article 59 of the Treaty (now, after amend­
ment, Article 49 EC) and Article 4 of 
Directive 64/427 laying down detailed 
provisions concerning transitional mea­
sures in respect of activities of self-
employed persons in manufacturing and 
processing industries falling within ISIC 
Major Groups 23-40 (Industry and small 
craft industries) preclude rules of a Member 
State which make the carrying out on its 
territory of skilled trade work by providers 
of services established in other Member 
States subject to an authorisation proce­
dure which is likely to delay or complicate 
exercise of the right to freedom to provide 
services, where examination of the condi­
tions governing access to the activities 
concerned has been carried out in accor­
dance with the directive and it has been 
established that those conditions are satis­
fied. Furthermore, any requirement of entry 
on the trades register of the host Member 
State, assuming it was justified by an 
overriding reason relating to the public 
interest with regard to guaranteeing the 
quality of skilled trade work and of pro­
tecting those who have commissioned such 
work, should neither give rise to additional 
administrative expense nor entail compul­
sory payment of subscriptions to the cham­
ber of trades. 
(see paras 38, 41, 49 and operative part) 
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