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

The implementation of the freedom of establishment and the freedom to provide services is not always governed by the same rules. The right of establishment excludes in principle the right to provide services , which is subordinate . To be regarded as a service within the meaning of Article 57, the service provided against payment must not fall within the free movement of goods or capital, or the free movement of persons. Thus, the European Court, when called to rule on a measure relating to professional activity, will always first consider whether that measure falls within the scope of application of the freedom of establishment . 

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

Case C-524/04 Test Claimants in the Thin Cap Group Litigation [2007] ECR I-2107, LawLex200900001030JBJ; Case C-196/04 Cadbury Schweppes and Cadbury Schweppes Overseas [2006] ECR I-7995, LawLex200900001052JBJ.

76. Subsidiary character of the freedom to provide services