''Van Binsbergen v Bestuur van de Bedrijfvereniging voor de Metaalnijverheid'' (1974) Case 33/74 is an
EU law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, concerning the
free movement of services in the European Union.
Facts
A Dutch legal adviser transferred his residence from the Netherlands to Belgium while proceedings were taking place before a Dutch social security court for his client, Mr Van Binsbergen. Dutch law stated only those established in the Netherlands could act as legal advisers. The court asked whether article 56 had direct effect, and if the rule was compatible. UK and Ireland argued that the services article should not have direct effect.
Judgment
The
Court of Justice held that
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 56 did have direct effect after the expiry period. The public interest in administration of justice could be ensured by requiring an address for a service to be maintained, rather than a residence.
See also
* ''
Reyners v Belgium''
*
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
Notes
{{reflist, 2
References
*
European Union services case law
1974 in case law
1974 in the Netherlands
Legal history of the Netherlands
Belgium–Netherlands relations