Syndesmos ton en Elladi Touristikon kai Taxidiotikon Grafeion v Ypourgos Ergasias.
Date: 1997-06-05
7 It should be pointed out at the outset that the activities of a tourist guide may be subject to two distinct sets of rules.  A tourist agency may itself employ guides but it may also engage self-employed tourist guides. In the latter case, the service is provided by the tourist guide to the tourist agency and constitutes an activity carried on for remuneration within the meaning of Article 60 of the Treaty (Case C-198/89 Commission v Greece [1991] ECR I-727, paragraphs 5 and 6).
8 Furthermore, Article 59 of the Treaty applies not only where a person providing services and the recipient thereof are established in different Member States, but also in all cases where the person providing services offers those services in a Member State other than that in which he is established, wherever the recipients of those services may be established (Commission v Greece, cited above, paragraphs 8 to 10).
16 However, Article 59 of the Treaty requires not only the elimination of all discrimination against a person providing services on the ground of his nationality but also the abolition of any restriction, even if it applies without distinction to nationals providing services and to those of other Member States, when it is liable to prohibit or otherwise impede the activities of a provider of services established in another Member State where he lawfully provides similar services (Case C-76/90 Säger [1991] ECR I-4221, paragraph 12).
21 The Court has consistently held that, as a fundamental principle of the Treaty, the freedom to provide services may be limited only by rules which are justified by overriding reasons relating to the general interest and which apply to all persons or undertakings pursuing an activity in the State of destination.   In particular, the restrictions 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 (Säger, cited above, paragraph 15; Case C-288/89 Gouda and Others [1991] ECR I-407, paragraphs 13 to 15; Case C-19/92 Kraus [1993] ECR I-1663, paragraph 32, and Case C-55/94 Gebhard [1995] ECR I-4165, paragraph 37).
22 With regard to the question whether maintaining industrial peace may constitute an overriding reason relating to the general interest which justifies the rules at issue in the main proceedings, it is apparent from the order for reference that those rules were adopted in order to settle long-standing disputes between tourist guides and travel and tourist agencies and thereby prevent any adverse effects on tourism, and consequently on the country's economy.  In that regard, the Greek Government itself pointed out at the hearing that the rules at issue were adopted in order to ensure the proper functioning of the national economy.
23 However, maintaining industrial peace as a means of bringing a collective labour dispute to an end and thereby preventing any adverse effects on an economic sector, and consequently on the economy of the State, must be regarded as an economic aim which cannot constitute a reason relating to the general interest that justifies a restriction of a fundamental freedom guaranteed by the Treaty (see Gouda and Others, cited above, paragraph 11).