Case Law

Question 1

Steymann

Answer 1

activities with a permanent nature falls under article 49

Question 2

Reyners

Answer 2

1) ECJ held that Article 49 TFEU had been capable of having direct effect since the end of the transition period
2) also established that Article 49 could have direct effect vertically against the state
3) Example of direct discrimination based on nationality

Facts: only Belgians can practice as lawyers in Belgium

Question 3

International Transport Workers Federation v Viking line

Answer 3

It held that it could be relied upon against a trade union or group of trade unions - but unclear whether article 49 can have direct effect against a private party

Question 4

Ordre des Avocats v Klopp

Answer 4

A rule (preventing members maintaining offices in other member states) which applied irrespective of the nationality of the applicant was gel to restrict the freedom of establishment

Question 5

Caxia

Answer 5

Any measures which prohibit, impede or render less attractive the pursuit of an occupation in more than 1 member state is sufficient to amount to a restriction under article 49

Question 6

Commission v Italy (Italian housing)

Answer 6

The court held that Italian legislation allowing only Italian nationals to purchase or lease housing built with the help of public funds to obtain a reduced rate mortgage was in breach of Article 49 (an obstacle to the freedom of establishment)