Keywords

Summary



Keywords

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))

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))

Summary

1. A Member State which introduces, without justification relating to overriding 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 headquarters, establishment or organisation;

- 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 particularly strict time-limits in the trade fair administrative authorisation procedure;

- 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 overriding 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 authorities or local bodies of some other kind;

- make the activity of trade-fair organisers 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 )