Reyners v Belgium [1974] ECR 631 (ECJ)

Facts

  • Mr. Reyners, a Dutch national qualified in Belgian law, was refused admission to the Belgian bar solely because he was not a Belgian national.
  • Belgian law limited access to the legal profession to nationals.
  • Mr. Reyners contested this restriction based on Article 49 TFEU (formerly Article 52 EEC) concerning freedom of establishment.
  • The dispute centered on whether Member States could lawfully reserve self-employed professions, particularly in law, to their own nationals.

Issues

  1. Whether Article 49 TFEU prohibits national laws that restrict access to self-employed activities, such as the legal profession, on the basis of nationality.
  2. Whether admission to the bar falls under the "official authority" exception within Article 49 TFEU.
  3. Whether Article 49 TFEU has direct effect and can be enforced by individuals in national courts after the transitional period.
  4. Whether Belgium could rely on transitional provisions to justify maintaining nationality-based restrictions.

Decision

  • The ECJ determined that Article 49 TFEU prohibits direct discrimination on the grounds of nationality in access to self-employed activities, including the legal profession.
  • The Court held that the legal profession is not covered by the "official authority" exception in Article 49 TFEU.
  • Article 49 TFEU was recognized as directly effective after the transitional period, entitling individuals to rely on it before national courts.
  • Belgian legal provisions restricting bar admission to nationals were found incompatible with EU law.

Legal Principles

  • Article 49 TFEU bans both direct and indirect discrimination based on nationality regarding establishment.
  • The "official authority" exception in Article 49 TFEU must be interpreted narrowly and does not generally cover the legal profession.
  • The doctrine of direct effect allows individuals to rely on Article 49 TFEU in national courts following the transitional period.
  • National legislation incompatible with directly effective EU law must be set aside.

Conclusion

The ECJ held that Member States cannot enforce nationality requirements for entry to the legal profession, reaffirmed the direct effect of Article 49 TFEU, and limited the "official authority" exception, ensuring national laws yield to directly effective EU rights.

The answers, solutions, explanations, and written content provided on this page represent PastPaperHero's interpretation of academic material and potential responses to given questions. These are not guaranteed to be the only correct or definitive answers or explanations. Alternative valid responses, interpretations, or approaches may exist. If you believe any content is incorrect, outdated, or could be improved, please get in touch with us and we will review and make necessary amendments if we deem it appropriate. As per our terms and conditions, PastPaperHero shall not be held liable or responsible for any consequences arising. This includes, but is not limited to, incorrect answers in assignments, exams, or any form of testing administered by educational institutions or examination boards, as well as any misunderstandings or misapplications of concepts explained in our written content. Users are responsible for verifying that the methods, procedures, and explanations presented align with those taught in their respective educational settings and with current academic standards. While we strive to provide high-quality, accurate, and up-to-date content, PastPaperHero does not guarantee the completeness or accuracy of our written explanations, nor any specific outcomes in academic understanding or testing, whether formal or informal.
No resources available.

Job & Test Prep on a Budget

Compare PastPaperHero's subscription offering to the wider market

PastPaperHero
Monthly Plan
$10
Assessment Day
One-time Fee
$20-39
Job Test Prep
One-time Fee
$90-350

Note the above prices are approximate and based on prices listed on the respective websites as of May 2025. Prices may vary based on location, currency exchange rates, and other factors.

Get unlimited access to thousands of practice questions, flashcards, and detailed explanations. Save over 90% compared to one-time courses while maintaining the flexibility to learn at your own pace.

All-in-one Learning Platform

Everything you need to master your assessments and job tests in one place

  • Comprehensive Content

    Access thousands of fully explained questions and cases across multiple subjects

  • Visual Learning

    Understand complex concepts with intuitive diagrams and flowcharts

  • Focused Practice

    Prepare for assessments with targeted practice materials and expert guidance

  • Personalized Learning

    Track your progress and focus on areas where you need improvement

  • Affordable Access

    Get quality educational resources at a fraction of traditional costs

Tell Us What You Think

Help us improve our resources by sharing your experience

Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

Saptarshi Chatterjee

Saptarshi Chatterjee

Senior Associate at Trilegal