P. Steinhauser v City of Biarritz.

• Jurisdiction: European Union
• Celex Number: 61984CJ0197
• ECLI: ECLI:EU:C:1985:260
• Docket Number: 197/84
• Court: Court of Justice (European Union)
• Procedure Type: Reference for a preliminary ruling
• Date: 18 June 1985

Avis juridique important

|

61984J0197

Judgment of the Court (Fifth Chamber) of 18 June 1985. - P. Steinhauser v City of Biarritz. - Reference for a preliminary ruling: Tribunal administratif de Pau - France. - Right of establishment - Pursuit of the occupation of artist. - Case 197/84.

European Court reports 1985 Page 01819
Spanish special edition Page 00743
Swedish special edition Page 00235
Finnish special edition Page 00245

Summary
Parties
Subject of the case
Grounds
Decision on costs
Operative part

Keywords

1 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ASSIMILATION OF NATIONALS OF OTHER MEMBER STATES TO A MEMBER STATE ' S OWN NATIONALS - OBLIGATION INCUMBENT UPON PROFESSIONAL BODIES AND LOCAL AUTHORITIES

( EEC TREATY , ART . 52 )

2 . FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - RENTING OF PREMISES FOR BUSINESS PURPOSES - TENDERING PROCEDURE FOR THE ALLOCATION OF PUBLIC PROPERTY BELONGING TO A MUNICIPALITY - ACCEPTANCE OF APPLICATIONS CONDITIONAL UPON NATIONALITY - NOT PERMISSIBLE

( EEC TREATY , ART . 52 )

Summary

1 . ARTICLE 52 OF THE TREATY , WHICH HAS BEEN DIRECTLY APPLICABLE IN THE MEMBER STATES SINCE THE END OF THE TRANSITIONAL PERIOD , CONSTITUTES ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY . BY PROHIBITING ANY DISCRIMINATION ON GROUNDS OF NATIONALITY RESULTING FROM NATIONAL LAWS , REGULATIONS OR PRACTICES , THAT ARTICLE SEEKS TO ENSURE THAT , AS REGARDS THE RIGHT OF ESTABLISHMENT , A MEMBER STATE ACCORDS TO NATIONALS OF OTHER MEMBER STATES THE SAME TREATMENT AS IT ACCORDS TO ITS OWN NATIONALS . IT IS INCUMBENT UPON ALL THE COMPETENT PUBLIC AUTHORITIES , INCLUDING LEGALLY RECOGNIZED PROFESSIONAL BODIES AND LOCAL AUTHORITIES , TO OBSERVE THAT RULE .

2 . FREEDOM OF ESTABLISHMENT , AS PROVIDED FOR BY ARTICLE 52 OF THE EEC TREATY , INCLUDES THE RIGHT NOT ONLY TO TAKE UP ACTIVITIES AS A SELF-EMPLOYED PERSON BUT ALSO TO PURSUE THEM IN THE BROAD SENSE OF THE TERM . THE RENTING OF PREMISES FOR BUSINESS PURPOSES FURTHERS THE PURSUIT OF AN OCCUPATION AND THEREFORE FALLS WITHIN THE SCOPE OF ARTICLE 52 OF THE TREATY .

THAT ARTICLE DOES NOT ALLOW THE CONDITIONS OF TENDER IN A TENDERING PROCEDURE FOR THE ALLOCATION OF PUBLIC PROPERTY BELONGING TO A MUNICIPALITY TO MAKE THE ACCEPTANCE OF APPLICATIONS CONDITIONAL UPON NATIONALITY

Parties

IN CASE 197/84

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL ADMINISTRATIF ( ADMINISTRATIVE COURT ), PAU ( FRANCE ), FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

P . STEINHAUSER

AND

CITY OF BIARRITZ

Subject of the case

ON THE INTERPRETATION OF ARTICLE 52 OF THE EEC TREATY ,

Grounds

1 BY ORDER OF 20 JULY 1984 , WHICH WAS RECEIVED AT THE COURT REGISTRY ON 31 JULY 1984 , THE TRIBUNAL ADMINISTRATIF ( ADMINISTRATIVE COURT ), PAU , REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION CONCERNING THE INTERPRETATION OF ARTICLE 52 OF THE EEC TREATY ; IT SEEKS , IN PARTICULAR , TO ASCERTAIN WHETHER ARTICLE 52 APPLIES TO A PROVISION WHICH MAKES NATIONALITY A CONDITION...