Freedom of Establishment

Freedom of Establishment in Europe

Freedom of Establishment in relation to the E.U. Services Directive

The following is an examination of freedom of establishment regarding the European Union Servicies Directive [1]:

Freedom of Establishment: Freedom of Establishment

The provisions of Chapter III (Articles 9 to 15) apply only to cases of establishment, not to cases of cross-border service provision, which are dealt with in Chapter IV.

They apply to all cases where a business seeks to establish in a Member State, irrespective of whether a provider intends to start a new business or whether an existing business seeks to open a new establishment, for example a subsidiary or a branch. It covers both the situation where a service provider seeks to establish in another Member State and the situation where a provider seeks to establish in his own Member State.

The provisions of Chapter III apply to all requirements relating to the establishment of a service provider, whether imposed at national, regional or local level. They also apply to rules enacted by professional bodies and other professional associations or organisations within the meaning of Article 4(7) which in the exercise of their legal autonomy regulate in a collective manner access to a service activity or the exercise thereof57.

Freedom of Establishment in relation to the E.U. Services Directive

The following reviews some of the entries in this European legal encyclopedia about freedom of establishment regarding the European Union Servicies Directive:

  • Authorisation schemes and procedures
  • Prohibited establishment requirements
  • Requirements subject to evaluation

Resources

Notes

  1. Information on freedom of establishment based on the EU Services Directive Handbook, UK Government

See Also

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