Keywords
Summary

Keywords

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1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - AIM - PROHIBITION OF DISCRIMINATION ON GROUNDS OF NATIONALITY - NATIONAL RULES GOVERNING COMMERCIAL DISTRIBUTION - WHETHER PERMISSIBLE - CONDITIONS - COMPLIANCE WITH THE PRINCIPLE OF EQUAL TREATMENT

( EEC TREATY, ART . 52 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - DIRECTIVE 64/223 - DEFINITION OF WHOLESALE TRADE ACTIVITIES - INAPPLICABLE OUTSIDE THE CONTEXT OF FREEDOM OF ESTABLISHMENT

( COUNCIL DIRECTIVE 64/223, ART . 2 ( 2 )*)

Summary

1 . ARTICLE 52 OF THE TREATY IS INTENDED TO ENSURE THAT ALL NATIONALS OF MEMBER STATES WHO ESTABLISH THEMSELVES IN ANOTHER MEMBER STATE, EVEN IF THAT ESTABLISHMENT IS ONLY SECONDARY, RECEIVE THE SAME TREATMENT AS NATIONALS IN THAT STATE AND IT PROHIBITS, AS A RESTRICTION ON FREEDOM OF ESTABLISHMENT, ANY DISCRIMINATION ON GROUNDS OF NATIONALITY .

CONSEQUENTLY, IN THE CASE OF COMMERCIAL ACTIVITIES IN THE DISTRIBUTION SECTOR, FOR WHICH THERE ARE NO COMMON RULES, THE MEMBER STATES ARE AT LIBERTY, PROVIDED THAT THEY COMPLY WITH THAT OBLIGATION TO ACCORD EQUAL TREATMENT, TO ADOPT RULES GOVERNING WHOLESALE TRADE OR RETAIL TRADE AND TO LAY DOWN THE CRITERIA FOR DISTINGUISHING BETWEEN THOSE TWO FORMS OF DISTRIBUTION .

2 . ARTICLE 2*(2 ) OF DIRECTIVE 64/223 CONCERNING THE ATTAINMENT OF FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES IN RESPECT OF ACTIVITIES IN WHOLESALE TRADE DEFINES WHOLESALE TRADE ACTIVITIES SOLELY IN ORDER TO DEFINE THE MATTER COVERED BY THE OTHER PROVISIONS OF THE DIRECTIVE . IN VIEW OF ITS SPECIFIC FUNCTION IN THE CONTEXT OF DIRECTIVE 64/223/EEC, THAT ARTICLE CANNOT BE INTERPRETED AS BEING INTENDED TO PROVIDE A GENERAL COMMUNITY DEFINITION OF WHOLESALE TRADE ACTIVITIES WHICH CAN BE APPLIED IN CASES IN WHICH NO PROBLEM ARISES WITH REGARD TO FREEDOM OF ESTABLISHMENT . THEREFORE IT CANNOT BE RELIED UPON BY AN INDIVIDUAL BEFORE THE COURTS OF A MEMBER STATE IN ORDER TO OPPOSE THE APPLICATION TO HIM OF NATIONAL RULES GOVERNING THE PURSUIT OF RETAIL TRADE ACTIVITIES .