Qualification of “economic activities” in relation to the participation of members of a religious community in commercial activities within the ambit of that community.
Normative references
Art. 10 EUCFR
Art. 3 TUE
Art. 56 TFEU
Ruling
Commercial activities performed within a community based on religion or another spiritual or philosophical conception of life are to be considered as economic activities in so far as the services which the community provides to its members may be regarded as the indirect quid pro quo for genuine and effective work.
(The applicant Udo Steymann belonged to the Bhagwan Community (Rajneesh movement - Osho), a religious group that provided for the material needs of its members through commercial activities, including running a nightclub, bar and laundry. The community satisfied the needs of the followers regardless of the activities undertaken).
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