Justice
Art 16. Freedom to conduct a business

Definition

The Freedom to conduct a business in accordance with Community law and national laws and practices is recognised.

Legal Explanations

This Article is based on Court of Justice case-law which has recognised freedom to exercise an economic or commercial activity (see judgments of 14 May 1974, Case 4/73, Nold, paragraph 14 of the grounds, and of 27 September 1979, Case 230/78, paragraph 20 and 31 of the grounds) and freedom of contract (see inter alia Sukkerfabriken Nykøbing judgment, Case 151/78, paragraph 19 of the grounds, and judgment of 5 October 1999, C-240/97, Spain v Commission, paragraph 99 of the grounds) and TEC Article 4(1) and (2), which recognises free competition. Of course, the right is to be exercised with respect for Community law and national legislation. It may be subject to the limitations provided for in Article 52(1) of the Charter.