Keywords
Summary

Keywords

Freedom to provide services - Restrictions - Rules of a Member State which make the carrying out on its territory of skilled trade work by providers of services established in other Member States subject to an authorisation procedure and entry on the trades register - Not permissible - Public interest justification - Limits

(EC Treaty, Art. 59 (now, after amendment, Art. 49 EC); Council Directive 64/427, Art. 4)

Summary

$$Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 4 of Directive 64/427 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) preclude rules of a Member State which make the carrying out on its territory of skilled trade work by providers of services established in other Member States subject to an authorisation procedure which is likely to delay or complicate exercise of the right to freedom to provide services, where examination of the conditions governing access to the activities concerned has been carried out in accordance with the directive and it has been established that those conditions are satisfied. Furthermore, any requirement of entry on the trades register of the host Member State, assuming it was justified by an overriding reason relating to the public interest with regard to guaranteeing the quality of skilled trade work and of protecting those who have commissioned such work, should neither give rise to additional administrative expense nor entail compulsory payment of subscriptions to the chamber of trades.

( see paras 38, 41, 49 and operative part )