Judgment_paragraph 15 · Criminal proceedings against Horst Otto Bickel and Ulrich Franz (C-274/96)

15Situations governed by Community law include those covered by the freedom to provide services, the right to which is laid down in Article 59 of the Treaty. The Court has consistently held that this right includes the freedom for the recipients of services to go to another Member State in order to receive a service there (Cowan, paragraph 15). Article 59 therefore covers all nationals of Member States who, independently of other freedoms guaranteed by the Treaty, visit another Member State where they intend or are likely to receive services. Such persons — and they include both Mr Bickel and Mr Franz — are free to visit and move around within the host State. Furthermore, pursuant to Article 8a of the Treaty, ‘[e]very citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect’.

Criminal proceedings against Horst Otto Bickel and Ulrich Franz (C-274/96)

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