Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61978J0110
Název:
Title: 		JUDGMENT OF THE COURT OF 18 JANUARY 1979. MINISTERE PUBLIC AND CHAMBRE SYNDICALE DES AGENTS ARTISTIQUES ET IMPRESARII DE BELGIQUE, ASBL V WILLY VAN WESEMAEL AND OTHERS. PRELIMINARY RULING REQUESTED BY THE TRIBUNAL DE PREMIERE INSTANCE DE TOURNAI. FREEDOM TO PROVIDE SERVICES - FEE-CHARGING EMPLOYMENT AGENCIES. JOINED CASES 110 AND 111-78.
Publikace:
Publication:		REPORTS OF CASES 1979 PAGES 0035 - 0055
Předmět (klíčová slova):
Keywords		FREEDOM OF ESTABLISHMENT AND SERVICES;FREE MOVEMENT OF SERVICES;
Související předpisy:
Corresponding acts:		157E059
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. IN THE FIELD OF JUDICIAL CO-OPERATION UNDER ARTICLE 177 BETWEEN NATIONAL COURTS AND THE COURT OF JUSTICE, WHICH ARE REQUIRED TO MAKE DIRECT AND COMPLEMENTARY CONTRIBUTIONS TO THE APPLICATION OF COMMUNITY LAW IN A UNIFORM MANNER IN ALL THE MEMBER STATES, THE COURT MAY EXTRACT FROM THE WORDING OF THE QUESTIONS, FORMULATED BY THE NATIONAL COURT, HAVING REGARD TO THE PARTICULARS GIVEN BY THE LATTER, THOSE ELEMENTS OF COMMUNITY LAW WHICH ARE NECESSARY FOR THAT COURT TO BE ABLE TO RESOLVE IN ACCORDANCE WITH COMMUNITY LAW THE LEGAL PROBLEM WHICH IT HAS BEFORE IT.

2. THE ESSENTIAL REQUIREMENTS OF ARTICLE 59 OF THE TREATY, WHICH WAS TO BE IMPLEMENTED PROGRESSIVELY DURING THE TRANSITIONAL PERIOD BY MEANS OF THE DIRECTIVES REFERRED TO IN ARTICLE 63, BECAME DIRECTLY AND UNCONDITIONALLY APPLICABLE ON THE EXPIRY OF THAT PERIOD. THOSE ESSENTIAL REQUIREMENTS ABOLISH ALL DISCRIMINATION AGAINST THE PERSON PROVIDING THE SERVICE BY REASON OF HIS NATIONALITY OR THE FACT THAT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE IS TO BE PROVIDED.

3. WHEN THE PURSUIT OF THE ACTIVITY OF FEE-CHARGING EMPLOYMENT AGENCIES FOR ENTERTAINERS IS MADE SUBJECT IN THE STATE IN WHICH THE SERVICE IS PROVIDED TO THE ISSUE OF A LICENCE, THAT STATE MAY NOT IMPOSE ON THE PERSONS PROVIDING THE SERVICE WHO ARE ESTABLISHED IN ANOTHER MEMBER STATE ANY OBLIGATION EITHER TO SATISFY THAT REQUIREMENT OR TO ACT THROUGH A FEE-CHARGING EMPLOYMENT AGENCY WHICH HOLDS SUCH A LICENCE WHEN THE SERVICE IS PROVIDED BY AN EMPLOYMENT AGENCY WHICH COMES UNDER THE PUBLIC ADMINISTRATION OF A MEMBER STATE OR WHEN THE PERSON PROVIDING THE SERVICES HOLDS IN THE MEMBER STATE IN WHICH HE IS ESTABLISHED A LICENCE ISSUED UNDER CONDITIONS COMPARABLE TO THOSE REQUIRED BY THE STATE IN WHICH THE SERVICE IS PROVIDED AND HIS ACTIVITIES ARE SUBJECT IN THE FIRST STATE TO PROPER SUPERVISION COVERING ALL EMPLOYMENT AGENCY ACTIVITY WHATEVER MAY BE THE MEMBER STATE IN WHICH THE SERVICE IS PROVIDED.

Plný text judikátu (Entire text of the Judgment):