Judgment_paragraph 21 · Schutzverband gegen unlauteren Wettbewerb v TK-Heimdienst Sass GmbH (C-254/98)

21However, TK-Heimdienst argues, as does the Commission, that Article 53a(2) of the GewO constitutes a disguised restriction of intra-Community trade because itconstitutes in reality more of a restriction for operators from other Member States, imposing on them additional difficulties or costs, or both (Case 155/82 Commission v Belgium [1983] ECR 531; Case 247/81 Commission v Germany [1984] ECR 1111; Legia and Gyselinx, cited above; and Case C-189/95 Franzén [1997] ECR I-5909). A baker, butcher or grocer from another Member State wishing to offer his goods for sale on rounds in Austria would be forced to purchase and retain at least one further establishment in Austria. That would necessarily give rise to additional costs and make that mode of selling unprofitable, particularly for small traders. It would be particularly difficult, if not impossible, for their goods, which come from other Member States, to gain access to the Austrian market.

Schutzverband gegen unlauteren Wettbewerb v TK-Heimdienst Sass GmbH (C-254/98)

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