CASE COMMENTS: PUBLIC SECTOR – COMPETITION PROTECTION – FREEDOM TO EXERCICSE ECONOMIC ACTIVITIES – PUBLIC ITNERNVENTION NECESSARY FOR THE PUBLIC SERVICE
Freedom to exercicse economic activities: The Council of State confirms that public agencies may freely create economic activities that are the necessary support of their public services (Association pour la promotion de l’image)
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EC, Ass. 26 October 2011, Association for the Promotion of the Image and others, nos. 317827, 317952, 318013 and 318051
The administrative judge recalls that public persons may freely carry out the activities necessary for the public service missions for which they are responsible. Prefectures may thus take photographs of passport applicants directly, without violating the freedom of trade and industry, even though such a decision deprives professional photographers of part of their activity.
The Assembly's decision of 26 October 2011 was noted for having partially censored the decree implementing the biometric passport, allowing in particular the
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