Keywords
Summary

Keywords

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FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - FREEDOM TO PROVIDE SERVICES - ACCESS TO PUBLIC AID FOR HOUSING - EXCLUSION OF NATIONALS OF THE OTHER MEMBER STATES - NOT PERMISSIBLE

( EEC TREATY, ARTS 52 AND 59 )

Summary

A NATIONAL OF A MEMBER STATE WHO WISHES TO PURSUE AN ACTIVITY AS A SELF-EMPLOYED PERSON IN ANOTHER MEMBER STATE MUST, IF COMPLETE EQUALITY OF COMPETITION WITH THE NATIONALS OF THE LATTER STATE IS TO BE ASSURED, BE ABLE TO OBTAIN HOUSING IN CONDITIONS EQUIVALENT TO THOSE ENJOYED BY SUCH NATIONALS . IN THIS RESPECT, EVEN THOUGH IN PRACTICE THE HOUSING NEEDS OF COMMUNITY NATIONALS WHO MAKE USE OF THE FREEDOMS CONFERRED BY THE TREATY ARE VARIABLE, IT IS NOT PERMISSIBLE, IN THE MATTER OF THE APPLICATION OF THE FUNDAMENTAL PRINCIPLE OF NATIONAL TREATMENT, TO DISTINGUISH BETWEEN DIFFERENT FORMS OF ESTABLISHMENT OR TO EXCLUDE PROVIDERS OF SERVICES .

THAT IS WHY THERE IS AN INFRINGEMENT OF ARTICLES 52 AND 59 OF THE TREATY WHERE A MEMBER STATE, UNDER VARIOUS PROVISIONS OF ITS LEGISLATION, PERMITS ONLY ITS OWN NATIONALS TO PURCHASE AND LEASE HOUSING BUILT OR RENOVATED WITH THE HELP OF PUBLIC FUNDS AND TO OBTAIN REDUCED-RATE MORTGAGE LOANS .