Opinion of the Advocate General — ECLI:EU:C:1999:161
Date: 1999-03-18
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Freedom of movement for persons — Freedom of establishment — Freedom to provide 
services — Derogations — Situations purely internal to a Member State — Derogation 
not possible 
(EC Treaty, Arts 55 and 66 (now Arts 45 EC and 55 EC)) 
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SUMMARY — CASE C-108/98 
The possibility — provided for in Arti­
cle 55 of the Treaty (now Article 45 EC), 
read together, where appropriate, with 
Article 66 thereof (now Article 55 EC) — 
of derogating from the Treaty provisions 
concerning freedom of establishment and 
freedom to provide services does not arise 
in a situation in which all the facts are 
confined to within a single Member State 
and which does not therefore have any 
connecting link with one of the situations 
envisaged by Community law in the area of 
freedom of movement for persons or free­
dom to provide services. 
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