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

In order to achieve the free movement of persons and services, the Council rules by way of Directive. In the absence of harmonization of the national rules applicable, each Member State remains competent to regulate, restrict or even fully prohibit the activity concerned in its territory on grounds of general interest, provided that it treats all the services identically whatever the origin and th …

EU harmonization

In order to achieve the free movement of persons and services, the Council rules by way of Directive. In the absence of harmonization of the national rules applicable, each Member State remains competent to regulate, restrict or even fully prohibit the activity concerned in its territory on grounds of general interest, provided that it treats all the services identically whatever the origin and the nationality or place of establishment of the person providing them . 

If the directive only carries out incomplete harmonization, a national rule may provide for controls based on consumer protection where those controls are not already carried out by the Member State from where the person providing the service comes. Thus, the “Television without frontiers” Directive (now the Audiovisual Media Services Directive) did not prevent a Member State from taking measures in accordance with general rules relating to consumer protection against misleading advertising, against an advertiser by reason of a televised advertising broadcast from another Member State provided that such measures did not, strictly speaking, impede the retransmission on its territory of television broadcasts coming from that other Member State . By contrast, where harmonization is complete, a Member State cannot adopt measures imposing additional conditions to those in the EU provision. The prior conditions required to practice the profession of lawyer on a permanent basis in another Member State being subject to complete harmonization under Directive No 98/5 of 16 February 1998, national legislation cannot subject the registration of a lawyer to an additional condition such as a prior test of his proficiency in the languages of the host Member State .

Case 52/79 Procureur du Roi v Debauve [1980] ECR 833, LawLex200900002034JBJ: television advertising before the adoption of the directive 'Television without frontiers' 89/552 of 3 October 1989, since replaced by Directive No 2010/13 of 10 March 2010, (Audiovisual Media Services Directive).  

Case C-35/95 Konsumentombudsmannen v De Agostini and TV-Shop [1997] ECR I-3843, LawLex200900000391JBJ: television advertising before the adoption of the directive 'Television without frontiers' 89/552 of 3 October 1989.

Case C-506/04 Wilson [2006] ECR I-8613, LawLex200900001011JBJ.

European Business Law

89. EU harmonization

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Les décisions de justice citées dans ce paragraphe :

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89. EU harmonization

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