'ĥ MR STEINHAUSER BROUGHT AN ACTION FOR THE ANNULMENT OF THE MUNICIPALITY ' S DECISION BEFORE THE TRIBUNAL ADMINISTRATIF, PAU, ON THE GROUND THAT ARTICLE 3 ( 2 ) OF THE CONDITIONS OF TENDER WAS INCOMPATIBLE WITH ARTICLE 52 OF THE EEC TREATY, RELATING TO FREEDOM OF ESTABLISHMENT. Ĥ ON 1 MARCH 1983 THE CITY OF BIARRITZ REFUSED TO ALLOW MR STEINHAUSER TO PARTICIPATE IN THE TENDERING PROCEDURE ON THE GROUND THAT ARTICLE 3 ( 2 ) OF THE CONDITIONS OF TENDER PROVIDED THAT ' NO PERSON SHALL BE ALLOWED TO SUBMIT A TENDER UNLESS HE PROVES HIS FRENCH NATIONALITY.
ģ ON 27 FEBRUARY 1983 THE PLAINTIFF IN THE MAIN PROCEEDINGS SUBMITTED AN APPLICATION TO THE CITY OF BIARRITZ TO PARTICIPATE IN A TENDERING PROCEDURE FOR THE ALLOCATION OF RENTED LOCK-UPS BELONGING TO THE MUNICIPALITY THE LOCK-UPS ARE SITUATED IN THE PORT DES PECHEURS AND ARE AT PRESENT USED FOR THE EXHIBITION AND SALE OF CRAFT PRODUCTS.
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STEINHAUSER, A PROFESSIONAL ARTIST OF GERMAN NATIONALITY RESIDING IN THAT CITY. Ģ THAT QUESTION WAS RAISED IN A DISPUTE BETWEEN THE CITY OF BIARRITZ AND P.
ON THE INTERPRETATION OF ARTICLE 52 OF THE EEC TREATY ,ġ BY ORDER OF 20 JULY 1984, WHICH WAS RECEIVED AT THE COURT REGISTRY ON 31 JULY 1984, THE TRIBUNAL ADMINISTRATIF ( ADMINISTRATIVE COURT ), PAU, REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY A QUESTION CONCERNING THE INTERPRETATION OF ARTICLE 52 OF THE EEC TREATY IT SEEKS, IN PARTICULAR, TO ASCERTAIN WHETHER ARTICLE 52 APPLIES TO A PROVISION WHICH MAKES NATIONALITY A CONDITION FOR THE ACCEPTANCE OF APPLICATIONS TO PARTICIPATE IN A TENDERING PROCEDURE FOR THE ALLOCATION OF PUBLIC PROPERTY BELONGING TO A MUNICIPALITY. REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE TRIBUNAL ADMINISTRATIF ( ADMINISTRATIVE COURT ), PAU ( FRANCE ), FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN THAT ARTICLE DOES NOT ALLOW THE CONDITIONS OF TENDER IN A TENDERING PROCEDURE FOR THE ALLOCATION OF PUBLIC PROPERTY BELONGING TO A MUNICIPALITY TO MAKE THE ACCEPTANCE OF APPLICATIONS CONDITIONAL UPON NATIONALITY THE RENTING OF PREMISES FOR BUSINESS PURPOSES FURTHERS THE PURSUIT OF AN OCCUPATION AND THEREFORE FALLS WITHIN THE SCOPE OF ARTICLE 52 OF THE TREATY. FREEDOM OF ESTABLISHMENT, AS PROVIDED FOR BY ARTICLE 52 OF THE EEC TREATY, INCLUDES THE RIGHT NOT ONLY TO TAKE UP ACTIVITIES AS A SELF-EMPLOYED PERSON BUT ALSO TO PURSUE THEM IN THE BROAD SENSE OF THE TERM. IT IS INCUMBENT UPON ALL THE COMPETENT PUBLIC AUTHORITIES, INCLUDING LEGALLY RECOGNIZED PROFESSIONAL BODIES AND LOCAL AUTHORITIES, TO OBSERVE THAT RULE. BY PROHIBITING ANY DISCRIMINATION ON GROUNDS OF NATIONALITY RESULTING FROM NATIONAL LAWS, REGULATIONS OR PRACTICES, THAT ARTICLE SEEKS TO ENSURE THAT, AS REGARDS THE RIGHT OF ESTABLISHMENT, A MEMBER STATE ACCORDS TO NATIONALS OF OTHER MEMBER STATES THE SAME TREATMENT AS IT ACCORDS TO ITS OWN NATIONALS.
ARTICLE 52 OF THE TREATY, WHICH HAS BEEN DIRECTLY APPLICABLE IN THE MEMBER STATES SINCE THE END OF THE TRANSITIONAL PERIOD, CONSTITUTES ONE OF THE FUNDAMENTAL LEGAL PROVISIONS OF THE COMMUNITY.
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FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - RENTING OF PREMISES FOR BUSINESS PURPOSES - TENDERING PROCEDURE FOR THE ALLOCATION OF PUBLIC PROPERTY BELONGING TO A MUNICIPALITY - ACCEPTANCE OF APPLICATIONS CONDITIONAL UPON NATIONALITY - NOT PERMISSIBLEġ. FREE MOVEMENT OF PERSONS - FREEDOM OF ESTABLISHMENT - ASSIMILATION OF NATIONALS OF OTHER MEMBER STATES TO A MEMBER STATE ' S OWN NATIONALS - OBLIGATION INCUMBENT UPON PROFESSIONAL BODIES AND LOCAL AUTHORITIESĢ.
Summary Parties Subject of the case Grounds Decision on costs Operative part Keywordsġ.
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