Purely Internal Situations and the Freedom of Establishment Within the Context of the Services Directive

Abstract:

The Services Directive aims at creating a single market for services by removing barriers to trade and enhancing the free movement of services and the freedom of establishment within the European Union (EU). Nonetheless, since its adoption, it has prompted several practical questions, calling for judicial clarification.

In Trijber and Harmsen, the Court missed the occasion to answer one of the most contended questions surrounding this piece of EU legislation: do the provisions on freedom of establishment enshrined in the Directive apply to purely internal situations? The present case-note discusses this point, providing for an interpretation of the scope of application of the freedom of establishment Chapter, and presenting the judgment in light of two diverging trends in the case law of the Court. The annotation concludes with the review of other specific substantive issues arising from the case.