## 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.


Reyners v Belgium [1974] ECR 631 (ECJ)