La vicenda degli abogados e l’incerto confine tra abuso del diritto e legittimo qualification shopping con riferimento alla direttiva 98/5/CE = The Case of abogados and the Uncertain Boundary between Abuse of Right and Legitimate Qualification Shopping with Reference to Directive 98/5/EC

The article focuses on the intricate case of abogados, currently pending before the European Court of Justice. It deals with the most controversial topics with regard to the abuse of Union law in the context of the Directive 98/5. Assumed that the ECJ case-law identifies the distinction between qualification shopping and abuse of rights looking at the effective integration into the host Member State, the Author contemplates the difficulties in proving the existence of abuse in this case. The analysis comes to the conclusion that it appears more and more difficult to use the prohibition of abuse of rights as a legal ground for a significant home State control, except in the case of actual fraud, also because the ECJ in this field clearly privileges the intra-EU mobility.