Criminal proceedings against Guy Bekaert. (Preliminary Questions ) [1988] EUECJ R-204/87 (20 April 1988)

Criminal proceedings against Guy Bekaert. (Preliminary Questions ) [1988] EUECJ R-204/87 (20 April 1988)

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
[1988] EUECJ R-204/87
Parties
Defendant: Guy Bekaert; Prosecutor: Commission Départementale d'Urbanisme de la Manche
Jurisdiction
European Union
Judgment Date
20 April 1988
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Cour D'appel, Rennes
Outcome
Preliminary ruling issued: Article 52 EEC Treaty and Directives 68/363/EEC and 68/364/EEC do not apply to purely internal situations.
Legal Topics
Freedom of Establishment, Compatibility of National Law With EU Law, Internal Situations, Retail Trade Authorizations
European Union Law Criminal Law Freedom of Establishment Compatibility of National Law With EU Law Internal Situations Retail Trade Authorizations

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Parties

Guy Bekaert

Defendant

Commission Départementale d'Urbanisme de la Manche

Prosecutor

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Preliminary Reference From Cour D'appel, Rennes

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 Treaty and Directives 68/363/EEC and 68/364/EEC 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 Treaty and Directives 68/363/EEC and 68/364/EEC 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 situations which are purely internal to a Member State.