Friday, May 4, 2012

Knoors v. Secretary of State for Economic Affairs case brief

Knoors v. Secretary of State for Economic Affairs
-Dutch national who resided and did business in Belgium sought to provide his services in Netherlands as well.  Dutch law ordinarily forbids such business conduct in the Netherlands without a local license.  
-Netherlands contended, despite directive on freedom of establishment and freedom of services in respect of self-employed persons that authorized craftsmen to provide services in other states from their state of residence, that a Dutch national abroad could not rely on the directive.
-Directive stated “where, in a member state, the taking up/pursuit of any activity referred to in the directive is dependent on the possession of certain qualifications that States shall accept as sufficient evidence of such knowledge and ability the fact that the activity has been pursued in another State.”
RULES -The nationals of all member states must be able to avail themselves of the liberalizing measures which the directive lays down.
-Justified by requirements flowing from freedom of movement for persons, freedom of establishment and freedom to provide services.

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