Freedom of Establishment and the Prohibition of Discrimination in the Internal Market under the Provisions of the Acquis Communautaire

Abstract

This paper aims to analyze the freedom of establishment in the European Single Market with its features in the context of compliance of member states with the relevant articles of the TFEU. An important part of the provisions on freedom of establishment of companies in the EU are the rules on the types of all forms of discrimination, and his protection is realized by ECJ jurisprudence. The decision of ECJ to test the case of restrictive measures, based on the which was used Gebhard test as part of the research and synthetic analysis analysis occupy a detailed elaboration of this paper.

DOI: 10.5901/mjss.2016.v7n3p138