Keywords

Summary



Keywords

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1. Freedom of movement for persons ° Freedom of establishment ° Treaty provisions ° Scope ° Pursuit on a stable and continuous basis from a professional base in a Member State other than the State of origin of an activity directed towards, among others, nationals of the host State ° Included

(EC Treaty, Art. 52)

2. Freedom to provide services ° Treaty provisions ° Scope ° Temporary nature of the activities pursued ° Criteria ° Installation of infrastructure for professional purposes in the host Member State ° Permissibility ° Conditions

(EC Treaty, Art. 60, third para.)

3. Freedom of movement for persons ° Freedom of establishment ° Restrictions resulting from the obligation to comply in the host Member State with rules relating to the pursuit of certain activities ° Permissibility ° Conditions ° Requirement for a diploma ° Obligation of the national authorities to take account of the equivalence of diplomas or training

(EC Treaty, Art. 52)

Summary

1. A national of a Member State who pursues a professional activity on a stable and continuous basis in another Member State where he holds himself out from an established professional base to, amongst others, nationals of that State comes under the chapter relating to the right of establishment and not the chapter relating to services.

2. As appears from the third paragraph of Article 60 of the Treaty, the rules on freedom to provide services cover ° at least where the provider moves in order to provide his services ° the situation in which a person moves from one Member State to another, not for the purposes of establishment there, but in order to pursue his activity there on a temporary basis.

The temporary nature of the activities in question has to be determined in the light of its duration, regularity, periodicity and continuity. This does not mean that the provider of services within the meaning of the Treaty may not equip himself with some form of infrastructure in the host Member State (including an office, chambers or consulting rooms) in so far as such infrastructure is necessary for the purposes of performing the services in question.

3. The possibility for a national of a Member State to exercise his right of establishment, and the conditions for his exercise of that right, must be determined in the light of the activities which he intends to pursue on the territory of the host Member State.

Where the taking-up of a specific activity is not subject to any rules in the host State, a national of any other Member State will be entitled to establish himself and pursue that activity there. On the other hand, where the taking-up or the pursuit of a specific activity is subject to certain conditions in the host Member State, a national of another Member State intending to pursue that activity must in principle comply with them.

Such conditions, which may consist in particular of an obligation to hold particular diplomas, to belong to a professional body or to comply with certain rules of professional conduct or with rules relating to the use of professional titles, must fulfil certain requirements where they are liable to hinder or make less attractive the exercise of a fundamental freedom guaranteed by the Treaty, such as freedom of establishment. There are four such requirements: they must be applied in a non-discriminatory manner; they must be justified by imperative requirements in the general interest; they must be suitable for securing the attainment of the objective which they pursue; and they must not go beyond what is necessary in order to attain it.

As far as conditions relating to the possession of a qualification are concerned, Member States must take account of the equivalence of diplomas and, if necessary, proceed to a comparison of the knowledge and qualifications required by their national rules and those of the person concerned.