Freedom To Provide Services Flashcards
Services fall into the scope of the treaty if they…
are normally provided for remuneration. Activities include industrial, commercial, and professional activities (Article 57 TFEU)
e.g. legal serives, insurance, and medical services
There needs to be…
A cross border element. Article 56 TFEU doe not apply to purly internal situations
Case: Deliege (2000)
Held: The fact that an athletes participates in a competition in a member state other than which they are established in would satisfy the requirement in the circumstances of the case
Remuneration…
It is consideration for the service in question and is normally agreed upon between the provider and the recipient of the service
Case: Belgium v. Humbel
Article 56…
Includes the right to receive as well as to provide services
Article 57…
Defines the meaning of services (they need remuneration) and prohibits bith direct and indirect discrimination
MS may impose restictions on the freedom to provide services provided that…
they are objectively justified. MS must also take account of any relevant rules applying to the service provider in the state of establishment.
case: Van Binsbergen (1974) and Sager v. Dennemeyer
Directive 2005/36 aims to…
Liberlise the provision of services. it retains the existing systems of mutal recognition and recognition of qualificatons covered by the previous sectoral directives and simplifies administrative procedures.
Case: Reyners v. Belgian State
Official Authority excpetion
Held: It must be restricted to those activities referred to which in themselves involve a direct and specific connection with the exercise of offical authority
Article 52 TFEU and Article 62 TFEU provide these derogations…
public policy, public security, and public health
relevant cases:
- Omega (2004)
- Gourmet (2001)
Case: Omega (2004)
the protection of human dignity consittuted a ground of public policy that could justify the restriction on the fredom to provide services\c
Case: Gourmet (2001)
A policy with an effect on the cross border supply of advertising space constituted a restriction on freedom to provide services.
It can be justified by protection of public helath.
