Establishment and Services (Articles 49 and 56 TFEU)

Question 1

Article 49 TFEU can be relied upon in one’s home state.

Answer 1

Marks & Spencer Plc

Question 2

Article 49 TFEU has direct effect.

Answer 2

Reyners

Question 3

Article 56 TFEU can be relied upon in one’s home state.

Answer 3

Alpine Investments

Question 4

Cassis approach in the case of services.

Answer 4

Alpine Investments

Question 5

Cassis approach in the case of establishment.

Answer 5

Gebhard

Question 6

Article 56 TFEU has direct effect.

Answer 6

Van Binsbergen

Question 7

Freedom to provide services includes the right to use one’s own workforce.

Answer 7

VanderElst

Question 8

Individuals have the right to receive medical and tourism services in another Member State.

Answer 8

Luisi and Carbone

Question 9

If a patient could not be treated in their home Member State without undue delay, they can seek treatment in another Member State at the expense of the insurance scheme (or their home Member State).

Answer 9

Watts

Question 10

Definition of a ‘restriction’.

Answer 10

Defined in Gebhard: national measures liable to hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty.

Question 11

Distinctly applicable (directly discriminatory) measures for both Art 49 and 56.

Answer 11

Reyners

Question 12

Indirectly discriminatory measure (Art 49)

Answer 12

Commission v Italy

Question 13

Non-discriminatory measure (Art 49)

Answer 13

Sodemare

Question 14

Indirectly discriminatory measure (Art 56)

Answer 14

Van Binsbergen

Question 15

Non-discriminatory measure (Art 56)

Answer 15

Säger

Question 16

Public policy justification under Art 52.

Answer 16

Omega Spielhallen

Question 17

Official authority justification under Art 51.

Answer 17

Reyners