ABSTRACT
The right of establishment is guaranteed under Article 49 TFEU, while the right to supply and receive services is enshrined in Article 56 TFEU. These rights are conferred on both natural persons who are nationals of Member States and legal persons established in Member States. Article 49 TFEU2009 and Article 56 TFEU2010 are vertically directly effective.2011 In Case C-438/05 Viking,2012 the ECJ held that Article 49 TFEU can be relied upon by a private party, e.g. a large ferry operator, against private bodies such as trade unions and international associations of trade unions in a situation where such bodies took collective action restricting the exercise of the right of establishment of the ferry operator (see Chapter 8.4.3.3). Thus, Article 49 TFEU can produce horizontal direct effect in some circumstances, i.e. where organisations, or associations, not emanating from public authorities impose substantial restrictions on the exercise of the right of establishment of private parties.2013
