Keywords
Summary

Keywords

1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ARTICLE 52 OF THE TREATY - DIRECT EFFECT - FAILURE TO ADOPT DIRECTIVES - NO EFFECT

( EEC TREATY , ARTS 52 , 54 AND 57 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - SEVERAL PLACES OF WORK WITHIN THE COMMUNITY - LIBERAL PROFESSIONS

( EEC TREATY , ART . 52 )

3 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ADVOCATES - ACCESS TO THE PROFESSION - ENROLMENT REFUSED BECAUSE OF MAINTENANCE OF CHAMBERS IN ANOTHER MEMBER STATE - INCOMPATIBILIY WITH THE TREATY

( EEC TREATY , ART . 52 ET SEQ .)

Summary

1 . IN LAYING DOWN THAT FREEDOM OF ESTABLISHMENT SHALL BE ATTAINED AT THE END OF THE TRANSITIONAL PERIOD , ARTICLE 52 IMPOSES AN OBLIGATION TO ATTAIN A PRECISE RESULT THE FULFILMENT OF WHICH MUST BE MADE EASIER BY , BUT NOT MADE DEPENDENT ON , THE IMPLEMENTATION OF A PROGRAMME OF PROGRESSIVE MEASURES . CONSEQUENTLY THE FACT THAT THE COUNCIL HAS FAILED TO ISSUE THE DIRECTIVES PROVIDED FOR BY ARTICLES 54 AND 57 CANNOT SERVE TO JUSTIFY FAILURE TO MEET THE OBLIGATION .

2 . THE RULE IN ARTICLE 52 OF THE TREATY , ACCORDING TO WHICH THE PROGRESSIVE ABOLITION OF THE RESTRICTIONS ON FREEDOM OF ESTABLISHMENT APPLIES TO RESTRICTIONS ON THE SETTING UP OF AGENCIES , BRANCHES OR SUBSIDIARIES BY NATIONALS OF ANY MEMBER STATE ESTABLISHED IN THE TERRITORY OF ANOTHER MEMBER STATE MUST BE REGARDED AS A SPECIFIC STATEMENT OF A GENERAL PRINCIPLE , APPLICABLE EQUALLY TO THE LIBERAL PROFESSIONS , ACCORDING TO WHICH THE RIGHT OF ESTABLISHMENT INCLUDES FREEDOM TO SET UP AND MAINTAIN , SUBJECT TO OBSERVANCE OF THE PROFESSIONAL RULES OF CONDUCT , MORE THAN ONE PLACE OF WORK WITHIN THE COMMUNITY .

3 . EVEN IN THE ABSENCE OF ANY DIRECTIVE COORDINATING NATIONAL PROVISIONS GOVERNING ACCESS TO AND THE EXERCISE OF THE LEGAL PROFESSION , ARTICLE 52 ET SEQ . OF THE EEC TREATY PREVENT THE COMPETENT AUTHORITIES OF A MEMBER STATE FROM DENYING , ON THE BASIS OF THE NATIONAL LEGISLATION AND THE RULES OF PROFESSIONAL CONDUCT WHICH ARE IN FORCE IN THAT STATE , TO A NATIONAL OF ANOTHER MEMBER STATE THE RIGHT TO ENTER AND TO EXERCISE THE LEGAL PROFESSION SOLELY ON THE GROUND THAT HE MAINTAINS CHAMBERS SIMULTANEOUSLY IN ANOTHER MEMBER STATE .