9However, the Oberster Gerichtshof points out that it could, on the other hand, be argued that the fact that Article 53a of the GewO is capable of amounting to a disguised restriction as defined, in particular, in Joined Cases 87/85 and 88/85 (Legia and Gyselinx [1986] ECR 1707) and Case C-239/90 (Boscher [1991] ECR I-2023). Unlike Austrian traders, a trader from another Member State wishing to offer goods for sale on rounds in Austria would have to set up and operate at least one other permanent establishment in the Republic of Austria in addition to his business in the Member State where he has his registered office.
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