Europa 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.
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.
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.
Citations:
C-107/83
Cited by:
Cited – Gebhard v Consiglio dell’Ordine degli Avvocati e Procuratori di Milano ECJ 30-Nov-1995
Practice by lawyers in other European jurisdictions were governed by the general principles of freedom of establishment under the Treaty: ‘National measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by . .
Lists of cited by and citing cases may be incomplete.
European, Legal Professions
Updated: 11 April 2022; Ref: scu.133652