Ministere public v Andre Gauchard. (Preliminary Questions ) [1987] EUECJ R-20/87 (8 December 1987)

Ministere public v Andre Gauchard. (Preliminary Questions ) [1987] EUECJ R-20/87 (8 December 1987)

Article 52 of the EEC Treaty and Council Directives 68/363/EEC and 68/364/EEC do not apply to situations which are purely internal to a Member State, such as that of a national who has never resided or worked in another Member State.

Source-derived case information.

Citation
[1987] EUECJ R-20/87
Parties
Defendant: A. Gauchard; Intervener: French Government; Intervener: Commission of the European Communities
Jurisdiction
European Union
Judgment Date
08 December 1987
Procedural Posture
Preliminary Ruling (article 177 Eec) / Judgment on Reference From National Court
Outcome
Preliminary ruling issued: Article 52 EEC and relevant directives do not apply to purely internal situations.
Legal Topics
Freedom of Establishment, Internal Situations, Compatibility of National Law With EU Law
European Union Law Criminal Law Freedom of Establishment Internal Situations Compatibility of National Law With EU Law

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Parties

A. Gauchard

Defendant

French Government

Intervener

Commission of the European Communities

Intervener

Procedural Posture

Preliminary Ruling (article 177 Eec) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether French town-planning legislation relating to commercial premises is compatible with the Treaty of Rome and EEC directives on freedom of establishment
  2. 2 Whether Article 52 EEC and related directives apply to purely internal situations

Ratio Decidendi

Article 52 of the EEC Treaty and Council Directives 68/363/EEC and 68/364/EEC do not apply to situations which are purely internal to a Member State, such as that of a national who has never resided or worked in another Member State.

Court Disposition

Preliminary ruling issued: Article 52 EEC and relevant directives do not apply to purely internal situations.

Orders

  • Article 52 of the EEC Treaty and Council Directives 68/363/EEC and 68/364/EEC do not apply to purely internal situations within a Member State.
  • Costs are a matter for the national court.