Criminal proceedings against Jean-Louis Aubertin, Bernard Collignon, Guy Creusot, Isabelle Diblanc, Gilles Josse, Jacqueline Martin and Claudie Normand. (Freedom of movement for persons) [1995] EUECJ C-29/94 (16 February 1995)

Criminal proceedings against Jean-Louis Aubertin, Bernard Collignon, Guy Creusot, Isabelle Diblanc, Gilles Josse, Jacqueline Martin and Claudie Normand. (Freedom of movement for persons) [1995] EUECJ C-29/94 (16 February 1995)

Community law, including Directive 82/489, does not preclude national rules requiring nationals to hold a diploma to operate a hairdressing salon, even if nationals of other Member States are exempted under certain conditions.

Citation
[1995] EUECJ C-29/94
Parties
Accused: Mr Aubertin; Accused: Mr Collignon; Accused: Mr Creusot; Accused: Ms Diblanc; Accused: Mr Josse; Accused: Ms Martin; Accused: Mr Normand; Prosecutor: Public Prosecutor's Office
Jurisdiction
European Union
Judgment Date
16 February 1995
Procedural Posture
Criminal / Preliminary Ruling Referral
Outcome
Community law does not preclude national rules requiring nationals to hold a diploma to operate a hairdressing salon.
Legal Topics
Right of Establishment, Freedom to Provide Services, Discrimination, Occupational Qualifications
European Union Law Criminal Law Right of Establishment Freedom to Provide Services Discrimination Occupational Qualifications

Case Brief

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Parties

Mr Aubertin

Accused

Mr Collignon

Accused

Mr Creusot

Accused

Ms Diblanc

Accused

Mr Josse

Accused

Ms Martin

Accused

Mr Normand

Accused

Public Prosecutor's Office

Prosecutor

Procedural Posture

Criminal / Preliminary Ruling Referral

Legal Issues

  1. 1 Whether national rules requiring nationals to hold a diploma to operate a hairdressing salon, while exempting nationals of other Member States, constitute discrimination contrary to Community law

Ratio Decidendi

Community law, including Directive 82/489, does not preclude national rules requiring nationals to hold a diploma to operate a hairdressing salon, even if nationals of other Member States are exempted under certain conditions.

Court Disposition

Community law does not preclude national rules requiring nationals to hold a diploma to operate a hairdressing salon.

Orders

  • Reply to national court: Community law, in particular Directive 82/489, must be interpreted as not precluding national rules requiring nationals to hold a diploma to operate a hairdressing salon, while permitting nationals of other Member States to operate without such a diploma.