Freedom to Provide and Receive Services Flashcards
A56 applies to…
Self employed persons (Jany), companies and firms (A62 applies A54)
Van Binsbergen
- A56 has direct effect
2. Direct restrictions on the provision of services are prohibited
Service definition (Deliege)
- Pursued on a temporary basis with reference to duration, regularity, periodicity and continuity (Gebhard)
- Genuine and effective activity (Deliege)
- Remuneration (A57)
- Cross Border (A56)
Deliege
1) Remuneration can be paid by a third party
2) Sport is an example of a service
Steymann
Economic activity must not be marginal and ancillary
Grogan
Service can be immoral: Abortions
Jany
Service can be immoral: Prostitution
Humbel
State education not a service under A56
Activities listed in A57
Industrial
Commercial
Craftsmen
Professionals
de Coster
The cross-border element of the services definition does not need to be a physical presence
Sager Test
Justification for restriction on Article 56 (establishment of services), Imperative Reasons:
- Indistinctly Applicable
- Justified by imperative reasons in the general interest
- Objectively necessary to protect that interest
- Does not exceed what is necessary to attain that objective
Luisi
Right to go to another MS to receive a service
Rush Portuguesa
Right to bring own workforce to host MS
Debauve
Relates to Art 56 (services):
1) Does not apply in purely internal situations
Analir
Relates to restrictions under Article 56 (services):
Includes any restriction liable to a) prohibit, b) impede or c) render less attractive activities of a service provider, even if indistinctly applicable.
