FOS - Cases and facts Flashcards
Art 56
A person may provide a service in another MS and be treated the same as the MS nationals
What is the test for a service (3 parts)?
Remuneration
Genuine and effective economic activity
Cross border element
What 2 cases demonstrate the remuneration aspect of a service?
Jany - Prossie
SPUC v Grogan - Abortion services
Deliege
Judo coach in Belgium. Belgium argued not service as not professional sport. However was providing service and was being paid so genuine and effective economic activity
Schindler
Lotteries are economic activity as they are services provided for remuneration - ticket price
Proceur du Roi (cross border)
If all elements of a service are in 1 MS then then article 56 will not apply
De Coster
Local tax on satellite dishes breaches FOS as affects use of EU wide services
Luisi
Went to Italy to receive treatment however had to corss border and was offence to take cash over border. This law was indistinctly a barrier to receiving services, so not permitted under FOE.
CA Gouda
Right to operate as business
Italian Housing
Social rights
Cowan
Right to receive compensation from French statute
Sager
Provided service German company had to have licence, British company did not. This was unfair so established that Art 56 prohibits rules which prohibit or otherwise impede provision of sercice where provider lawfully provides that service in another MS
Belgiu v Humbel
Right to education as service??
Commission v Spain (museum entrance fees)
Recipients of services should be granted access to services in question AND should benefit from any ancillary rights, like free admission
Kohll
Cant get urgent treatment for daughter in Germany but is told same treatment is available in Luxembourg. Cost of treatment was same in Lbourg as in Germany
Just because an issue concerns social security system of MS, that doesnt preclude application of Art 56. Here, Art 56 applies as service provided on commercial basis
