Bringing Clarity to the Purely Internal Situations Rule? Case Commentary on the Judgment C-268/15 Ullens de Schooten

This case commentary examines the judgment of the Court of Justice of the European Union in the case C-268/15 Ullens de Schooten and its effect on the case law regarding the purely internal situation, i.e. a situation in which there is no interstate element. The purely internal situations rule requires a case to have an interstate element in order for the free movement provisions to apply. Developed by the Court in attempt to determine the proper scope of the internal market provisions and protection of the autonomy of the Member States, its application has proved difficult and received considerable criticism. Ullens de Schooten is a response to these issues, confirming the conditions under which the free movement provisions may be applied regardless of the circumstances being purely internal. Although the judgment is a step in the right direction, the Court does not fully use the opportunity to explain its reasoning and clarify the doctrine