Opinion of the Advocate General — ECLI:EU:C:2001:295
Date: 2001-05-29
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Procedure: Action for failure to fulfil obligations - unfounded;Action for failure to fulfil obligations - inadmissible
Origin: Italy

Summary of the Judgment 
1. Freedom to provide services — Restrictions in the area of the organisation of trade 
fairs — No justification — Not permissible 
(EC Treaty, Arts 59, 61, 63 and 64 (now, after amendment, Arts 49 EC, 51 EC, 52 EC 
and 53 EC) and Arts 60, 65 and 66 (now Arts 50 EC, 54 EC and 55 EC» 
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SUMMARY — CASE C-439/99 
2. Freedom of movement for persons — Freedom of establishment — Freedom to 
provide services — Restrictions in the area of the organisation of trade fairs — No 
justification — Not permissible 
(EC Treaty, Arts 52, 54, 56, 57, 59, 61, 63 and 64 (now, after amendment, Arts 43 EC, 
44 EC, 46 EC, 47 EC, 49 EC, 51 EC, 52 EC and 53 EC) and Arts 55, 58, 60, 65 and 66 
(now Arts 45 EC, 48 EC, 50 EC, 54 EC and 55 EC)) 
1. A Member State which introduces, 
without justification relating to over­
riding requirements relating to the 
public interest, restrictions on freedom 
to provide services, by retaining in 
force provisions which: 
— require trade-fair organisers to 
obtain official recognition; 
— require trade-fair organisers to have 
a permanent national or local head­
quarters, establishment or organi­
sation; 
— require trade-fair organisers to have 
a particular legal form or status, 
thereby excluding other categories 
of operators; 
— require the business of trade-fair 
organisers to be carried out on an 
exclusive basis; 
— require trade-fair organisers to 
operate on a not-for-profit basis; 
— require that trade fairs be held 
periodically; 
— require trade events to be organised 
in conformity with objectives set by 
a region as part of its regional 
planning; 
— require compliance with particu­
larly strict time-limits in the trade 
fair administrative authorisation 
procedure; 
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COMMISSION v ITALY 
— prohibit the organisation of trade 
fairs other than those included on 
the official calendar, 
fails to fulfil its obligations under 
Article 59 of the Treaty (now, after 
amendment, Article 49 EC), Article 60 
of the Treaty (now Article 50 EC), 
Articles 61, 63 and 64 of the Treaty 
(now, after amendment, Articles 51 
EC, 52 EC and 53 EC) and Articles 65 
and 66 of the Treaty (now Articles 54 
EC and 55 EC). 
(see paras 26-34, 42 
and operative part 1) 
2. A Member State which introduces, 
without justification relating to over­
riding requirements relating to the 
public interest, restrictions on freedom 
to provide services and freedom of 
establishment, by retaining in force 
provisions which: 
— make administrative appointments 
for trade-fair organisers subject to 
the involvement of public auth­
orities or local bodies of some other 
kind; 
— make the activity of trade-fair orga­
nisers subject to the inclusion 
among the founders or members 
of at least one local territorial 
institution; 
— make the organisation of trade fairs 
subject to the involvement of bodies 
made up of operators already in the 
territory concerned for the purposes 
of authorisation of fairs, 
fails to fulfil its obligations under 
Article 59 of the Treaty (now, after 
amendment, Article 49 EC), Article 60 
of the Treaty (now Article 50 EC), 
Articles 61, 63 and 64 of the Treaty 
(now, after amendment, Articles 51 
EC, 52 EC and 53 EC) and Articles 65 
and 66 of the Treaty (now, after 
amendment, Articles 43 EC and 44 
EC), Article 55 of the Treaty (now 
Article 45 EC), Articles 56 and 57 of 
the Treaty (now, after amendment, 
Articles 46 EC and 47 EC), and 
Article 58 of the Treaty (now 
Article 48 EC). 
(see paras 36-42 
and operative part 2) 
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