Someone recently bought our

students are currently browsing our notes.


Case C-215/01 Schnitzer

[2003] ECR I-14847

Case summary last updated at 12/02/2020 19:54 by the Oxbridge Notes in-house law team.

Judgement for the case Case C-215/01 Schnitzer

S was MD of a portugese company that carried out plastering work in Germany, and was fined for not being on the trades register. This case addressed the distinction between freedom to provide services and the right to establishment (as was also addressed in Gebhard). ECJ said that the mere fact that a business performs services identical to those it provides in its MS of origin, but has no infrastructure in the MS where it alleges establishment, does NOT mean it is established there. However it also says that “The fact that the activity is temporary does not mean that the provider of services within the meaning of the Treaty may not equip himself with some form of infrastructure in the host Member State”, suggesting that infrastructure alone does not = establishment (given that temporary activities put one outside the scope of article 43). 
ECJ: Repeats point that whether a company is established is to be addressed in the light not only of the duration of the provision of the service but also of its regularity, periodical nature or continuity.

Have you seen Oxbridge Notes' best European Law study materials?

Our law notes have been a popular underground sensation for 10 years:

  • Written by Oxford & Cambridge prize-winning graduates
  • Includes copious academic commentary in summary form
  • Concise structure relating cases and statutes into an easy-to-remember whole
  • Covers all major cases for LLB exams
  • Satisfaction guaranteed refund policy
  • Recently updated
European Law Notes

European Law Notes >>