Sommario: 

1. La Corte di Giustizia e il divieto di démarchage. 

2. Le lacune della sentenza: il limite dell’interesse generale… 

3. Segue. … e il test di proporzionalità.

Abstract:

The European Court of Justice has ruled that the current French ban on professional canvassing pursuant to article 12 of the qualified accountants’ code of professional conduct is an obstacle to the proper enforcement of the Directive on services in the internal market, 2006/123/EC, by preventing fair competition between individual professionals. In the commentary the question is asked as to whether the grounds underlying the ruling took adequate account of the existence of requirements to justify imposing particularly severe professional rules, such as the existence of compelling reasons in the public interest, and the proportionality of the restrictions placed on fundamental freedoms in the internal market. The commentary concludes that the prohibition challenged by the Court probably only passed the first of these tests.