European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Freedom of establishment involves the right for EU nationals to participate, on an effective, stable and continuous basis, in the economic life of a Member State and to profit therefrom . It includes the right to take up and pursue activities as a self-employed person and to set up and manage undertakings, to create agencies, branches or subsidiaries (Art. 49 and 54 TFEU). The freedom to provide s …

Independent activities

Freedom of establishment involves the right for EU nationals to participate, on an effective, stable and continuous basis, in the economic life of a Member State and to profit therefrom . It includes the right to take up and pursue activities as a self-employed person and to set up and manage undertakings, to create agencies, branches or subsidiaries (Art. 49 and 54 TFEU). The freedom to provide services also allows a person to pursue an activity as a self-employed person in another Member State - the country where the service is provided - but only on a temporary basis from the State of establishment (Art. 57(3) TFEU). The principle of non-discrimination applies to both methods of activity as a self-employed person.

According to Article 57 TFEU, services include, inter alia, activities of an industrial, commercial character, activities of craftsmen or activities of the professions. This therefore applies to insurance services , leasing , banking and financial services, such as the activity of granting credit on a commercial basis, even if it is not provided by a credit institution , or a bank having orders carried out on a stock exchange and current account transactions in conjunction with the opening of a credit , employment agency , private security  or maritime cabotage services , except for towage services . The notion of services may therefore cover services varying widely in nature; these can include services which an economic operator established in one Member State supplies with a greater or  lesser degree of frequency or regularity, even over an extended period, persons established in one or more other Member States .

Case C-55/94 Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano [1995] ECR I-4165, LawLex200900001056JBJ.

Case C-150/04 Commission v Denmark [2007] ECR I-1163, LawLex200900000593JBJ.

Case C-294/97 Eurowings Luftverkehr [1999] ECR I-7447, LawLex200700001895JBJ.

Case C-452/04 Fidium Finanz [2006] ECR I-9521, LawLex200900000885JBJ.

Case 15/78 Société générale de banque alsacienne v Koestler [1978] ECR 1971, LawLex200900001562JBJ.

Case 110/78 Ministère public and others v Van Wesemael [1979] ECR 35, LawLex200900001470JBJ.

Case C-165/98 Mazzoleni and ISA [2001] ECR I-2189, LawLex200900000657JBJ.

Case C-456/04 Agip Petroli [2006] ECR I-3395, LawLex200900000899JBJ, which considers that the concept of 'voyage which follows or precedes' the cabotage voyage, as referred to in Article 3(3) of Council Regulation (EEC) No 3577/92 applying the principle of freedom to provide services to maritime transports (maritime cabotage), means, in principle, any voyage to or from another State, whether or not the vessel has cargo on board.

Case C-251/04 Commission v Greece [2007] ECR I-67, LawLex200900000931JBJ.

Case C-502/20 TP v  Institut des Experts Automobiles and others, Judgment of 2 September 2021, LawLex202100005499JBJ.

European Business Law

82. Independent activities

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

82. Independent activities

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise