«(Freedom to provide services – Directive 64/427/EEC – Skilled services in the plastering trade – National rules requiring foreign skilled-trade undertakings to be entered on the trades register – Proportionality)»

1.. Freedom to provide services – Treaty provisions – Scope – Temporary nature of the activities pursued – Criteria – Supply of identical or similar services with a greater or lesser degree of frequency or regularity in another Member State without having an infrastructure there (Art. 50, third para., EC)

2.. Freedom to provide services – Restrictions – Rules of a Member State which make the performance of services on its territory by businesses established in other Member States subject to a procedure for entry on the trades register – Not permissible – Criteria (Art. 49 EC)

JUDGMENT OF THE COURT (Fifth Chamber) 11 December 2003 (1)

((Freedom to provide services – Directive 64/427/EEC – Skilled services in the plastering trade – National rules requiring foreign skilled-trade undertakings to be entered on the trades register – Proportionality))

In Case C-215/01,

REFERENCE to the Court under Article 234 EC by the Amtsgericht Augsburg (Germany) for a preliminary ruling in the proceedings before that court against

on the interpretation of Articles 49 EC, 50 EC, 54 EC and 55 EC and Council Directive 64/427/EEC of 7 July 1964 laying down detailed provisions concerning transitional measures in respect of activities of self-employed persons in manufacturing and processing industries falling within ISIC Major Groups 23-40 (Industry and small craft industries) (OJ, English Special Edition 1963-1964, p. 148),

THE COURT (Fifth Chamber),,

composed of: D.A.O. Edward (Rapporteur), acting for the President of the Fifth Chamber, A. La Pergola and S. von Bahr, Judges,

Advocate General: J. Mischo,

after considering the written observations submitted on behalf of:

having regard to the Report of the Judge-Rapporteur,after hearing the Opinion of the Advocate General at the sitting on 17 September 2002,having regard to the order of the Fifth Chamber of 10 January 2003 reopening the oral procedure,

having regard to the Report for the Hearing,

after hearing the oral observations of Mr Schnitzer, represented by H. Böttcher, Rechtsanwältin, and the Commission, represented by M. Patakia and P.F. Nemitz, at the hearing on 27 February 2003,

after hearing the Opinion of the Advocate General at the sitting on 3 April 2003,

gives the following

Community law

Without prejudice to the provisions of the Chapter relating to the right of establishment, the person providing a service may, in order to do so, temporarily pursue his activity in the State where the service is provided, under the same conditions as are imposed by that State on its own nationals.

National law

Observations submitted to the Court

The Court's answer

On those grounds,

THE COURT (Fifth Chamber),

in answer to the question referred to it by the Amtsgericht Augsburg by order of 26 February 2001, hereby rules:

Edward

La Pergola

von Bahr

Delivered in open court in Luxembourg on 11 December 2003.

R. Grass

V. Skouris

Registrar

President