Judgment_paragraph 111 · Eran Abatay and Others and Nadi Sahin v Bundesanstalt für Arbeit (C-317/01, C-369/01)

111As to the question whether the national legislation entails a restriction on the freedom to provide services, it must be observed that, first, according to settled case-law, national legislation which makes the provision of certain services on national territory by an undertaking established in another Member State subject to the issue of an administrative authorisation such as a work permit constitutes a restriction on the fundamental principle enshrined in Article 59 of the EC Treaty (now, after amendment, Article 49 EC) (see Case C-1 13/89 Rush Portuguesa [1990] ECR I-1417, paragraph 12; Case C-76/90 Säger [1991] ECR I-4221, paragraph 14; Case C-43/93 Vander Elst [1994] ECR I-3803, paragraph 15, and Case C-355/98 Commission v Belgium [2000] ECR I-1221, paragraph 35).