Keywords
Summary

Keywords

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1 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - ABOLITION - DIRECT EFFECT

( EEC TREATY, FIRST PARAGRAPH OF ARTICLE 59 AND THIRD PARAGRAPH OF ARTICLE 60 )

2 . SERVICES - FREEDOM TO PROVIDE SERVICES - RESTRICTIONS - CONDITION OF RESIDENCE - PROHIBITION - PARTICULAR SERVICES - PERSONS ASSISTING ADMINISTRATION OF JUSTICE - PROFESSIONAL RULES - OBSERVANCE OF SUCH RULES - REQUIREMENT OF PROFESSIONAL ESTABLISHMENT - OBJECTIVE NECESSITY - LAWFUL REQUIREMENT

( EEC TREATY, FIRST PARAGRAPH OF ARTICLE 59 AND THIRD PARAGRAPH OF ARTICLE 60 )

Summary

1 . THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 HAVE DIRECT EFFECT AND MAY THEREFORE BE RELIED ON BEFORE NATIONAL COURTS, AT LEAST IN SO FAR AS THEY SEEK TO ABOLISH ANY DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE BY REASON OF HIS NATIONALITY OR OF THE FACT THAT HE RESIDES IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED .

2 . THE FIRST PARAGRAPH OF ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE EEC TREATY MUST BE INTERPRETED AS MEANING THAT THE NATIONAL LAW OF A MEMBER STATE CANNOT, BY IMPOSING A REQUIREMENT AS TO HABITUAL RESIDENCE WITHIN THAT STATE, DENY PERSONS ESTABLISHED IN ANOTHER MEMBER STATE THE RIGHT TO PROVIDE SERVICES, WHERE THE PROVISION OF SERVICES IS NOT SUBJECT TO ANY SPECIAL CONDITION UNDER THE NATIONAL LAW APPLICABLE .

HOWEVER, TAKING INTO ACCOUNT THE PARTICULAR NATURE OF THE SERVICES TO BE PROVIDED, SPECIFIC REQUIREMENTS IMPOSED ON THE PERSON PROVIDING THE SERVICE CANNOT BE CONSIDERED INCOMPATIBLE WITH THE TREATY WHERE THEY HAVE AS THEIR PURPOSE THE APPLICATION OF PROFESSIONAL RULES JUSTIFIED BY THE GENERAL GOOD - IN PARTICULAR RULES RELATING TO ORGANIZATION, QUALIFICATIONS, PROFESSIONAL ETHICS, SUPERVISION AND LIABILITY - WHICH ARE BINDING UPON ANY PERSON ESTABLISHED IN THE STATE IN WHICH THE SERVICE IS PROVIDED, WHERE THE PERSON PROVIDING THE SERVICE WOULD ESCAPE FROM THE AMBIT OF THOSE RULES BY BEING ESTABLISHED IN ANOTHER MEMBER STATE .

LIKEWISE, A MEMBER STATE CANNOT BE DENIED THE RIGHT TO TAKE MEASURES TO PREVENT THE EXERCISE BY A PERSON PROVIDING SERVICES WHOSE ACTIVITY IS ENTIRELY OR PRINCIPALLY DIRECTED TOWARDS ITS TERRITORY OF THE FREEDOM GUARANTEED BY ARTICLE 59 FOR THE PURPOSE OF AVOIDING THE PROFESSIONAL RULES OF CONDUCT WHICH WOULD BE APPLICABLE TO HIM IF HE WERE ESTABLISHED WITHIN THAT STATE .

ACCORDINGLY THE REQUIREMENT THAT PERSONS WHOSE FUNCTIONS ARE TO ASSIST THE ADMINISTRATION OF JUSTICE MUST BE PERMANENTLY ESTABLISHED FOR PROFESSIONAL PURPOSES WITHIN THE JURISDICTION OF CERTAIN COURTS OR TRIBUNALS CANNOT BE CONSIDERED INCOMPATIBLE WITH THE PROVISIONS OF ARTICLES 59 AND 60, WHERE SUCH REQUIREMENT IS OBJECTIVELY JUSTIFIED BY THE NEED TO ENSURE OBSERVANCE OF PROFESSIONAL RULES OF CONDUCT CONNECTED, IN PARTICULAR, WITH THE ADMINISTRATION OF JUSTICE AND WITH RESPECT FOR PROFESSIONAL ETHICS .