Jany v Staatssecretaris van Justitie: ECJ 20 Nov 2001

The activities of a prostitute are typically those of a self-employed person, and the rules about freedom of establishment applied. Activity was pursued by a self-employed person if it was (I) outside any relationship of subordination concerning the choice of the activity or conditions of work and remuneration, (ii) under that person’s own responsibility, and (iii) in return for remuneration paid to that person directly and in full. Because the provider satisfied the beneficiary for consideration without producing or transferring material goods, it was a provision of services for remuneration within ‘economic activities as self-employed persons’ in the Association Agreements and ‘activities as self-employed persons’ in article 52 of the Treaty, which meant the same.

Citations:

C-268/99, [2001] EUECJ C-268/99, ECLI:EU:C:2001:616, [2001] ECR I-8615, [2003] 2 CMLR 1, [2003] All ER (EC) 193, [2003] CEC 561

Links:

Bailii

Statutes:

EC Treaty 177 (now article 234 EC)

Jurisdiction:

European

European, Employment

Updated: 17 October 2022; Ref: scu.166907